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I " 



November 27, 



1570 



1905 



PROCEEDINGS 



OF THE 



CITY COUNCIL 



Chicago. Illinois 



Regular Meeting, Monday, November 27, 1905 



7:30 O'CLOCK P. M 



OFFICIAL RECORD. 



Published by authority of the City Coun- 
cil of the City of Chicago, Tuesday, 
November 28, 1905. 



Present — ^His Honor, the Mayor, and 
Aid. Coughlin, Kenna^ Dixon, Harding, 
Pringle, Foreman, Richert, Dailey, Mc- 
Cormiek (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fiek, 
Harris, Hurt, Scully, Hoffman, Culler- 
ton, Uhlir, Zimmer, Considine, Rilej^, 
Maypole, Harkin, Beilfuss, Smith, Dever, 
Sitts, C onion, Ryan, Powers, Finn, Stew- 
art, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Butler, Sie- 
wert, Raymer, Larson, Wendling, Brad- 
ley, Roberts, O'Connell, Badenoch, Eid- 



mann, Bihl, Hunt, Ruxton, Kohout, Hunt- 
er and Race. 

Ahsent — Aid. Snow, Kunz, Nowicki, 
Brennan, Werno, Lipps, Carey and 
Burns. 



MINUTES. 

Aid. Foreman moved that the minutes 
of the regular meeting, held November 20, 
1905, be approved without being read. 

The motion prevailed. 



Communications From the Mayor, Comp- 
troller, Commissioner of Public Works 
and All Other City Officers, Depart- 
ments and Branches of the City Gov- 
ernment. 
His Honor, the Mayor, submitted the 

following report: 



November 27, 



1571 



1905 



Mayoe's Office, 
City of Chicago, November 27, 1905, 
Honorable City Council of the City of 

Chicago : 

Gentlemen — In accordance with law I 
hereby report to your Honorable Body the 
names of persons imprisoned for viola- 
tion of city ordinances, who have been re- 
leased by me during the week ending- 
November 25, 1905, together with the 
cause of such release. 

Jas. C. Sullivan, released for wife. 

Arthur Burkins, released for Aid. May- 
pole. 

John Petrowski, released for Aid. No- 
wicki. 

Stanley Penowski, released for Alex. 
Wisniewski. 

Wm. Lewis, released for wife. 

Mary Johnson, released for A. M. 
Lynch. 

John Kennedy, released for mother 

Joseph McKinley, released for Aid. 
Dougherty. 

Frank Tighe, released for Aid. Pow- 
ers. 

Eugene Taylor, released for Catherine 
May (aunt). 

Thomas Hinchey, released for mother. 

Joseph Groth, released for J. A. 
Weber. 

Mike Schreiber, released for mother. 

Franlc Richert, released for F. Borellin. 

Isaac Lewis, released for C. H. Bar- 
row. 

John Page, released for complaining 
witness. 

W. L. Watkins, released for brother. 

Wm. Oberbeck, released for Chas. Brad- 
ley. 

John Altenroth, released for Wm. Bar- 
ry. 

Chas. H. Doherty, released for Geo. J. 
Thompson. 

Walter E. Kelly, released for Geo. J. 
Thompson. 



James Fleming, released for Robt. E. 
Cant well. 

Edw. Bosley, released for sister. 

James Morrison, released for father. 

Tom Mullen, released for Aid. Powers. 

Michael Belgram, released for , Aid. 
Hahne. 

Maggie Redmond^ released for Aid. 
Sitts. 

Which was placed on file. 

ALSO, 

The following veto message: 

Mayor's Office, ] 

November 27, 1905. j 

To the Honorable, the City Council: 

Gentlemen — I return herewith with- 
out my approval an order passed at the 
last regular meeting of your Honorable 
Body, and published at page 1536 of the 
current printed Council Proceedings, 
which reads as follows: 

"Ordered, That- the cinders from all 
pumping stations and electric light 
plants be utilized for the repairs of 
streets in the respective wards in which 
they are located and that the Com- 
missioner of Public Works so notify 
the Engineers and Ward Superinten- 
dents." 

I return this order without my ap- 
proval for the reason that the City Elec- 
trician advises me that he entered into 
a contract with Carl G. Peterson, 110 
Edgewood avenue, of date August 1, 
1905, to remove all cinders from the three 
electric light plants of the City of Chi- 
cago, located at 299 South Halsted street, 
Rice and Lincoln streets, and FuUerton 
avenue and Chicago River, for and dur- 
ing the period of one year, up to Au- 
gust 1, 1906; that the making of this 
contract results in a saving to the de- 
partment of about $1,500 per year. 

I, therefore, recommend that the vote 
by which said order was passed be recon- 
sidered that the order be repassed in 
the following form so that it shall apply 



November 27, 



1572 



1905 



only to the cinders from the pumping sta- 
tions : 

''Ordered, That the cinders from all 
pumping stations be utilized for the 
repairs of streets in the respective 
wards in which they are located and 
that the Commissioner of Public Works 
so notify the Engineers and Ward Su- 
perintendents." 

Respectfully, 

E. F. Dunne, 

Mayor. 
Aid. CuUerton moved to reconsider the 
vote by which the order referred to in 
the veto message of His Honor, the May- 
or, was passed. 

The motion prevailed. 

Aid. Coughlin moved that the order be 
deferred for one week. , 

The motion prevailed. 



The following veto message: 

Mayor's Office, 

November 27, 1905. 

To the Honorahle, the City Council'. 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed at 
the last regular meeting of your Honor- 
able Body, and published at page 1537 
of the current Council Proceedings, es- 
tablishing the sidewalk line on both sides 
of West 23d street, from Marshall boule- 
vard to South Kedzie avenue, at the curb 
line, for the reason that I am advised 
by the Board of Local Improvements that 
a part of the walks are already laid at 
the correct line and the others must be 
laid to conform to them. 
Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Raymer moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Raymer moved that the ordinance 



be passed, the veto of His Honor, the 
Mayor, to the contrary notwithstanding. 
The motion was lost. 

ALSO, 

The following veto message: 

Mayor's Office, 

November 27, 1905. 

To the Honorahle, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed 
at the last regular meeting of your Hon- 
orable Body granting permission and au- 
thority to Peter M. Mueller to lay down, 
maintain and operate a ranroad switcn 
track across the alley parallel with and 
adjoining the right of way of the Chicago 
and Northwestern Railroad Company (on 
the south side thereof), between Montana 
street and Greenwood street, for the rea- 
son that said ordinance does not contain 
the provision lately drafted by the Law 
Department to the effect tha^t the provi- 
leges granted shall terminate and the or- 
dinance become null and void upon fail- 
ure of the grantee to promptly pay any 
installment of the compensation fixed by 
the ordinance. 

I respectfully recommend that the voxe 
by which said ordinance was passed be 
reconsidered, and that the ordinance be 
repassed without the usual reference to 
a committee, with the following amend- 
ment : 

Amend Section 5 of said ordinance by 
adding at the end thereof the following: 
"It is expressly understood and 
agreed that the privileges herein grant- 
ed shall terminate and this ordinance 
become null and void if said grantee 
or its assigns fails to promptly pay any 
installment of said compensation." 
Respectfully, 

E. F. Dunne, 

Mayor. 
Aid. Raymer moved to reconsider the 
vote by which the ordinance referred to in 
the veto message of His Honor, the May- 
or, was passed. 

The motion prevailed. 



November 27, 



1573 



1905 



Aid. Raymer movtid that the ordinance 
be amended in accordance with the veto 
message of His Honor, the Mayor. 

Th motion prevailed. 

Aid. Raymer moved the passage of the 
ordinance as amended. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward ) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, Q'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

'Nays — Conlon — 1. 

The following is the ordinance as 
passed: 

Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That permission and au- 
thority be and the same are hereby given 
and granted to Peter M. Mueller, and his 
assigns, to lay down, maintain and oper- 
ate a railroad switch track across the 
alley parallel with and adjoining the 
right of way of the Chicago and North- 
western Railroad Company (on the south 
side thereof), between Montana street and 
Greenwood street, in the City of Chicago, 
Hlinois, as per plat hereto attached and 
made a part of this ordinance. 

Section 2. The permission and au- 
thority herein granted shall cease and 
determine ten (10) years from the date 
of the passage of this ordinance, and 
the oTdinance shall at any time before 
the expiration thereof be subject to modi- 
fication, amendment or repeal, and in 



ed shall cease and determine. 

Section 3. During the life of this or- 
dinance the grantee herein shall keep 
such portions of said alley as is occu- 
pied by said switch track in good condi- 
tion and repair, to the satisfaction and 
approval of the Commissioner of PuD- 
lic Works, At the termination of the 
rights and privileges herein granted, by 
expiration of time or otherwise, said 
grantee shall remove said switch track 
and all appurtenances thereto, and shall 
forthwith restore said alley occupied by 
said switch track to a condition meet- 
ing with the approval of the Commis- 
sioner of Public Works. 

Section 4, The operation and mainte- 
nance of the switch track herein pro- 
vided for shall be subject to all exist- 
ing ordinances of the City of Chicago 
now in force or which may hereafter be 
in force relating to the use and opera- 
tion of switch tracks and railway tracks; 
and the construction and maintenance 
thereof shall be under the supervision and 
to the satisfaction of the Commissioner of 
Public Works. No work shall be done in 
and about the construction of the work 
herein authorized until a permit shall 
first have been obtained from the Com- 
missioner of Public Works of the City of 
Chicago authorizing the beginning of such 
work. 

Section 5. In consideration of the 
privilege herein granted, the said Peter 
M. Mueller shall pay to the City of 
Chicago the sum of thirty-two and fifty 
one-hundredths ($32.50) dollars per an- 
num, in advance, each and every year 
during the life of this ordinance; the 
first payment to be made as of the date 
of the passage of this ordinance, and 
each succeeding payment annually there- 
after. It is expressly understood and 
agreed that the privileges herein granted 
shall terminate and this ordinance be- 
come null and void if said grantee or 
its assigns fails to promptly pay any 
installment of said compensation. 

Section 6. Before doing any work 



November 27, 



1574 



1905 



under and by virtue of tbe authority 
of this ordinance, said grantee shall exe- 
cute a bond to the City of Chicago in 
the penal sum of ten thousand ($10,- 
000.00) dollars, with sureties to be ap- 
proved by the Mayor, conditioned upon 
the observance and faithful performance 
of all and singular the conditions and 
provisions of this ordinance, and con- 
ditioned further to indemnify, save and 
keep harmless the said City of Chicago 
from any and all loss, damage and ex- 
pense, cost or liability of any kind 
whatsoever that may be suffered by it, 
the said City of Chicago, or which may 
accrue against, be charged to, or re- 
covered from said city, from or by rea- 
son or on account of the passage of 
this ordinance, or from or by reason 
or on account of any act or thing done 
by said grantee herein by virtue of the 
authority herein given, and conditioned 
to comply with all terms and condi- 
tions of this ordinance. Said bond and 
the liability of the sureties thereon 
shall be kept in force throughout the 
life of this ordinance, and if at any time 
during the life of this ordinance such 
bond shall not be in full force, then the 
privileges herein granted shall thereupon 
cease. 

Sectiojn- 7. This ordinance shall take 
effect and be in force from and after its 
passage and upon the filing of an accept- 
ance of said ordinance by said grantee 
and the filing of the bond herein pro- 
vided for. 

ALSO;, 

The following veto message: 

Mayor's Office, 
November 27, 1905. 
To the Honorable, the City Council: 

Ge^"TLEMe:n^ — I return herewith, with- 
out my approval, an ' ordinance passed 
at the last regular meeting of your Hon- 
orable Body, and published at page 1565 
of the current printed Council Proceed- 
ings, granting permission and authority 
to P. M. Mueller & Company, its suc- 



cessors or assigns, to maintain and oper- 
ate one single railroad switch track 
across North Fairfield avenue, south of 
Bloomingdale road, connecting with the 
tracks of the Chicago, Milwaukee and St. 
Paul Railroad Company. 

The compensation clause does not pro- 
vide that the privileges granted shall 
terminate and the ordinance become 
null and void upon the failure of the 
grantee or its assigns to promptly pay 
any installment of the compensation. 

I respectfully recommend that the vote 
by which said ordinance was passed be 
reconsidered, and that the ordinance be 
repassed with the following amendment 
w^ithout the usual reference to a com- 
mittee. 

Amend Section 6 of said ordinance by 
adding at the end thereof the following: 
"It is expressly understood and 
agreed that the privileges herein grant- 
ed shall terminate and this ordinance 
become null and void if said grantee or 
its assigns fails to promptly pay any 
installment of said compensation." 
Respectfully, 

E. 'F. Dunne, 



Aid. Raymer moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Raymer moved that the ordinance 
be amended in accordance with the veto 
message of His Honor, the Mayor. 

The motion prevailed. 

Aid. Raymer moved the passage of the 
ordinance as amended. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, CuUerton, 
Ulilir, Zimmer, Considine, Riley, Maypole, 



November 27, 



1575 



190J 



Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward ) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl^, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

If ays — Conlon — 1. 

The following is the ordinance as 
passed : 

Be it ordained 'by the City Council of the 
City of Chicago : 

Section 1. That permission and au- 
thority be, and the same are hereby 
given and granted to P. M. Mueller & 
Company, its successors or assigns, to 
maintain and operate one single railroad 
switch track across North Fairfield ave- 
nue, south of Bloomingdale road, con- 
necting with the tracks of the Chicago, 
Milwaukee and St. Paul Railroad Com- 
pany, for and during the period of ten 
(10) years from and after the date of 
the passage -of this ordinance. 

Section 2. The permission and au- 
thority herein granted are upon the ex- 
press condition that said P. M. Mueller 
& Company, the grantees herein, will, 
within ten days after the date of the 
passage of this ordinance, file wdth the 
City Clerk of the City of Chicago a bond 
in the penal sum of ten thousand dol- 
lars ($10,000),- with sureties to be ap- 
proved by the Mayor, and conditioned 
to at all times hereafter indemnify, 
save and keep harmless the City of Chi- 
cago from any and all liabilities, dam- 
ages, loss, judgments, costs and expense 
whatsoever which may be sufl^ered by, 
may accrue against, may be charged to 
or may be recovered from said city by 
reason or on account of the passage of 
this ordinance, or by reason or on ac- 
count of any act or thing done by said 
grantees herein by virtue of the authority 
herein given, or by reason or on account 
of any negligence on the part of said 
grantees in the maintenance or opera- 



tion of said switch track, or in failing 
to keep in repair any part of North Fair- 
field avenue which said grantees aie 
herein required to keep in repair, or by 
reason or on account of any failure on 
the part of said grantees to comply with 
all the terms and conditions of this or- 
dinance. Said bond and the liability of 
the sureties thereon shall be kept in 
force throughout the life of this ordi- 
nance, and if at any time during the 
life of this ordinance such bond shall 
not be in full force, then the privileges 
herein granted shall thereupon cease. 

Section 3. This ordinance shall at any 
time before the expiration thereof be 
subject to modification or repeal, and in 
case of repeal all privileges hereby grant- 
ed shall thereupon immediately cease and 
determine. 

Section 4. During the life of this 
ordinance the grantees herein shall keep 
such portion of North Fairfield avenue 
as is occupied by said switch track in 
good condition and repiar, to the satis- 
faction and approval of the Commissioner 
of Public Works. At the termination 
of the rights and priveleges herein grant- 
ed, by expiration of time or otherwise, 
said grantees shall remove said switch 
track and all the appurtenances thereto, 
and shall forthwith restore said street 
occupied by said switch track to a con- 
dition similar to the remaining portions 
of the streets or alleys in the same 
block, and safe for public travel to the 
satisfaction and approval of the Com- 
missioner of Public Works. 

Should said grantees fail to keep in 
repair any such parts of said street in 
such manner as the Department of Pub- 
lic Works shall direct, then said depart- 
ment may repair the same and th,e ex- 
pense thereof shall be paid by the said 
grantees. Should said grantees at the 
expiration of the privileges herein grant- 
ed, either by lapse of time or otherwise, 
fail to remove said track and restore said 
parts of said street so occupied by said 
track to a proper condition, as herein re- 
quired, such work shall be done by or 



November 37, 



1576 



1905 



under the direction of the Department 
of Public Works of the City of Chicago 
and the cost and expense of such work 
shall be paid by said grantees. 

Section 5. The maintenance and oper- 
ation of the switch track herein provided 
for shall be subject to all the existing 
ordinances of the City of Chicago now in 
force or which may hereafter be in force 
relating to the use and operation of 
switch tracks and railway tracks, and the 
maintenance thereof shall be under the 
supervision and to the satisfaction of the 
Commissioner of Public Works. 

Section 6. In consideration of the 
privileges herein granted said P. M. 
Mueller & Company shall pay to the said 
City of Chicago the sum of fifty ($50) 
dollars per annum in advance, each and 
every year during the life of this ordi- 
nance, the first payment to be made as 
of the date of the passage of this ordi- 
nance and each succeeding payment aii- 
nually thereafter. It is expressly under- 
stood and agreed that the privileges here- 
in granted shall terminate and this ordi- 
nance become null and void if said gran- 
tee or its assigns fails to promptly pay 
any installment of said compensation. 

Section 7. This ordinance shall take 
effect and be in force from and after its 
passage and approval ; provided, that 
within ten ( 10) days from the date of its 
passage said P. M. Mueller & Company 
shall file with the City Clerk of the City 
of Chicago its written acceptance of this 
ordinance and a bond as hereinbefore 
provided. 

Also, 
The following veto message: 

Mayor's Office, 

November 27, 1905. 

To the Honorable, the City Council: 

Gentlemen — I return herewith^ with- 
out my approval, an ordinance passed at 
the last regular meeting of your Honor- 
able Body, and published at page 1560 
of the current printed Council Proceed- 
ings, amending Section 1470 of Chapter 



XXXIX of the Revised Municipal Code 
of Chicago, passed March 20, 1905, for 
the reason that said ordinance is not in 
proper form. 

This ordinance was prepared by the 
Law Department, and the ordinance as 
passed is in the same form as prepared, 
but the Law Department now advises 
me that said ordinance was not properly 
drawn in that the words "Section 1" ap- 
pearing in the fifth line of the ordinance 
as printed in the right hand column of 
said page 1560 should have appeared at 
the beginning of the first line, and I 
therefore transmit herewith the ordinance 
as reported with this correction, and re- 
spectfully recommend that the vote by 
which said ordinance was passed be re- 
considered, and that the attached ordi- 
nance be passed without the usual ref- 
erence to a committee. 

Respectfully, 

E. F. Dunne, 
Mayor. 

Aid. Hunter moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Hunter moved that the ordinance 
submitted by His Honor, the Mayor be 
substituted for the ordinance mentioned 
in the veto message. 

The motion prevailed. 

Aid. Hunter moved the passage of the 
substitute ordinance. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 



November 27, 



1577 



1905 



Schmidt (23d ward), Sclimidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
If ays — Conlon — 1 . 

The following is the ordinance as 
passed : 

Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That Section 1470 of Chap- 
ter XXXIX of the Revised Code of Chi- 
cago, passed March 20, 1905, be and the 
same is hereby amended so as to read as 
follows : 

"Section 1470. No druggist or other 
person shall sell or give away any mor- 
phine, cocaine, hydro-chlorate, or any 
salts of any compound of the same, or 
any preparation containing cocaine, 
morphine, hydro-chlorate, or any salts 
or any compound thereof, except upon 
the written prescription of a licensed 
physician, or a licensed dentist licensed 
under the laws of the state of Illinois; 
which prescription shall be filled only 
once and shall have written upon it the 
name and address of the patient; pro- 
vided, that the provisions of this sec- 
tion shall not apply to the sale at 
wholesale by any manufacturer or 
wholesale druggist to retail druggists, 
physicians, dentists or chemists, of such 
cocaine, morphine, hydro-chlorate, or 
any salts or any compound of the same 
in original packages only, with such 
packages having affixed thereto a label 
specifically setting forth the prepara- 
tion of cocaine, morphine, or hydro- 
chlorate contained therein. 

Any person who shall violate any 
of the provisions of this section shall 
be fined not less than fifty dollars, 
nor more than two hundred dollars for 
each offense." 

Section 2. This ordinance shall take 
effect and be in force from and after its 
passage and publication. 



i| 



ALSO, 

The following veto message: 

Mayor's Office, 

November 27, 1905. 

To the Honorahle, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed 
at the last regular meeting of your Hon- 
orable Body, and published at page 1561, 
et seq., of the current printed Council 
Proceedings, granting permission and au- 
thority to the Commonwealth Electric 
Company to lay a switch track at the in- 
tersection of 25th and Quarry streets, 
for the following reasons: 

Section 4 of the ordinance fixes the 
duration of the privilege at two years 
from and after the date of the passage 
of the ordinance without the usual quali- 
fication that the ordinance shall, however, 
be subject to modification, amendment or 
repeal at any time prior thereto. 

Section 6 provides for the payment of 
compensation at the rate of one hundred 
and twenty-five dollars per annum. The 
Law Department has recently added a 
clause to the compensation provisions of 
ordinances of this character to the effect 
that the privilege granted shall terminate 
and the ordinance become null and void 
if the grantee fails to promptly pay any 
installment of the compensation to be 
paid. 

I respectfully recommend that the vote 
by which said ordinance was passed be re- 
considered, and that the ordinance be re- 
passed without the usual reference to a 
committee with the following amend- 
ments : 

Amend Section 4 of the ordinance by 
adding at the end thereof the following: 
"This ordinance shall, however, at 
any time before the expiration thereof, 
be subject to modification, amendment 
or repeal, and in case of repeal all 
privileges hereby ganted shall there- 
upon immediately cease and determine." 
Amend Section 6 of the ordinance by 
adding at the end thereof: 

"It is expressly rmderstood and agreed 



November 27, 



1578 



1905 



that the privileges herein granted shall 
terminate and this ordinance become 
null and void if said grantee fails to 
promptly pay any installment of said 
compensation." 

Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Hunter moved to reconsider the 
rote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Hunter moved that the ordinance 
be amended in accordance with the veto 
message of His Honor, the ^Mayor. 

The motion prevailed. 

Aid. Hunter moved the passage of the 
ordinance as amended. 

The motion prevailed, and the ordi- 
nancee -was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringie, Foreman, Pdchert, Dailey, 
McCormick (5th v/ard), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Eiley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63, 

Ifays — Conlon — 1. 

The following is the ordinance as 
passed: 

Whereas, The Commonwealth Electric 
Company maintains a yard for the stor- 
age of coal for its own use, on property 
owned by it and bounded by Quariy 
street. Twenty-fifth street, and the 
South Branch of the Chicago River; and 

WiiEEEAs, Said coal yard, in connec- 
tion with other properties and industries 



located in said vicinity, has heretofore 
been connected with the tracks of the 
Chicago and Alton Railroad Company by 
a switch track located entirely on pri- 
vate property except where it is neces- 
sary to cross Twenty-fifth street and 
Mary street for the purpose of making 
connection between the said railroad 
track and the said private property; and 

Whereas, By virtue of an ordinance 
passed by the City Council of the City 
of Chicago on November 2, 1903, the Chi- 
cago and Alton Railroad Company was 
ordered and required to elevate the said 
switch track, and pursuant to said older 
has now completed the work of said ele- 
vation; and 

Whereas, In order to make proper 
connections with the said elevated switch 
track so that coal may be unloaded and 
reloaded by the said Commonwealth 
Electric Company, and proper equipment 
provided in its yard for doing the work 
of loading and unloading coal advan- 
tageously and as economically as may 
be, it is necessary to construct an in- 
clined connection or other device afford- 
ing means of loading and unloading coal 
from said elevated switch track; and 

Whereas, There is now some fifteen 
thousand (15,000) tons of coal stored in 
said yard, which is in some places eight- 
een (18) feet in depth and so located 
that until removed it will not be feasible 
to make connections as desired with the 
said elevated switch track; and 

Whereas, In order to permit the mak- 
ing of the desired connections with the 
said elevated switch track by the said 
Commonwealth Electric Company it is 
necessary to have connections with the 
tracks of the Chicago and Alton Rail- 
road Company; and 

Whereas, At the present time there is 
a surface switch track connecting with 
the tracks of the Chicago and Alton 
Railroad and running along Quary 
Street immediately adjoining the coal 
yard of the said Commonwealth Electric 
Company, with which said switch track 



November 27, 



1579 



1905 



the said Commonwealtli Electric Com- 
pany desires permission to make con- 
nections for a short period of time in 
order to enable it to handle its coal so 
as to permit the making of proper con- 
nections with the said elevated switch 
track; now, therefore, 
Be it ordained hy the City Council of the 

City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby given 
and granted unto the Commonwealth 
Electric Company to make connections 
with the switch track now laid and being 
maintained on the surface of Quarry 
street and connecting with the tracks 
of the Chicago and Alton Railroad Com- 
pany, said connection to be made from 
a point in the southeast corner of the 
said coal yard at the intersection of 
Twenty-fifth street and Quarry street; 
the location of said connecting track 
being more particularly shown on the 
blue -print hereto attached, and repre- 
sented by dotted lines, special reference 
being hereby made to said blue-print and 
a copy of which shall be attached to 
this ordinance and another kept at all 
times during the life of this ordinance 
on file in the office of. the Commissioner 
of Public Works. 

Section 2, The said Commonwealth 
Electric Company shall so lay, construct, 
and maintain the track herein author- 
ized as to interfere as little as practic- 
able with the use of the street across 
which it is laid, and shall construct and 
maintain same under the supervision and 
to the satisfaction and approval of the 
Commissioner of Public Works. 

Section 3. Before laying the track 
herein authorized the said Common- 
wealth Electric Company shall excute 
a bond to the City of Chicago in the 
sum of ten thousand dollars ($10,000) 
with sureties to be approved by the 
Mayor, conditioned for the faithful ob- 
servance and performance of all and 
singular the conditions and provisions 
of this ordinance and of any ordinance 
of the City of Chicago now in force or 



which may hereafter be passed concern- 
ing railway tracks, switch tracks, or the 
use and maintenance thereof, and con- 
ditioned further to indemnify, save, and 
keep harmless the City of Chicago from 
any and all loss, cost, damage, expense, 
or liability of any kind whatsoever 
Avhich it, the said City of Chicago, may 
suffer, or which it may be put to, or 
which may be recovered from or against 
it by reason of the laying or maintain- 
ing of said switch track or by reason 
of any act or thing done under and by 
virtue of the authority of this ordi- 
nance. The said bond shall at all times 
during the life of this ordinance be kept 
in full force and effect, failing which 
the privileges herein granted shall there- 
upon immediately cease and determine. 

Section 4. The rights and privileges 
hereby granted shall immediately cease 
and determine at the expiration of two 
(2) years from and after the date of 
the passage of this ordinance. This ordi- 
nance shall, however, at any time before 
the expiration thereof be subject to 
modification, amendment or repeal and 
in case of repeal all privileges hereby 
granted shall thereupon immediately 
cease and determine. 

Section 5. The rights and privileges 
herein granted are subject to all general 
ordinances concerning railroads or switch 
tracks or the use and maintenance there- 
of now in force or that may hereafter 
be passed. 

Section 6. The said Commonwealth 
Electric Company shall pay to the City 
of Chicago as compensation for the per- 
mission and authority herein granted the 
sum of one hundred and twenty- five 
($125.00) dollars per annum, divided 
into two equal installments, the first in- 
stallment to be paid to ^he City Comp- 
troller at the time of the filing of the 
bond hereinbefore provided for and the 
acceptance of this ordinance hereinafter 
provided for, and the second installment 
to be paid to the City Comptroller one 
year from and after the date of the pas- 
sage of this ordinance. It is expressly 



November 27, 



1580 



1905 



understood and agreed that the privileges 
herein granted shall terminate and this 
ordinance become null and void if Said 
grantee fails to promptly pay any in- 
stallment of said compensation. 

Section 7. Upon the expiration of 
this ordinance the said Commonwealth 
Electric Company shall, at its own ex- 
pense, cause the track laid under the 
authority of this ordinance to be imme- 
diately removed and the surface of the 
street occupied by said track to be re- 
stored in a manner satisfactory to and 
approved by the Commissioner of Pub- 
lic Works. 

Section 8. No work shall be done in 
and about the laying of said switch 
track until a permit in writing shall first 
have been issued therefor by the Com- 
missioner of Public Works, and no per- 
mit shall be issued by said Commissioner 
until the bond and acceptance herein 
provided for shall have been filed and 
the first installment of compensation 
paid to the City Comptroller. 

Section 9. This ordinance shall take 
effect and be in force from and after 
its passage and its acceptance in writ- 
ing by the said Commonwealth Electric 
Company. 

ALSO, 

The following veto message : 

Mayor's Office, 

November 27, 1905. 

To the Honorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed at 
the last regular meeting of your Honor- 
able Body, and published at page 1567 
of the current printed Council Proceed- 
ings, granting permission and authority 
to Charles C. Heisen to construct two 
2-inch iron pipes in Union Park place 
Arbor street and West Kinzie street, for 
the purpose of conveying electric power 
from his factory at 61 and 63 Union Park 
place to his factory at 491-495 West 
Kinzie street, for the reason that said 
ordinance does not contain the necessary 



provisions for the proper protection of 
the city. 

I enclose hercAvith an ordinance which 
I have bad drafted by the Law Depart- 
ment, and respectfully recommend that 
the vote by which said ordinance was 
passed be reconsidered, and that the en- 
closed ordinance be passed without the 
usual reference to a committee. 
Respectfully, 

E. F. Dunne, 

3Iayor. 

Aid. Hunter moved to reconsider the 
vote by which the ordinance referre,d to in 
the veto message of His Honor, the May- 
or, was passed. 

The motion prevailed. 

Aid. Hunter moved that the ordinance 
recommended by His Honor, the Mayor, 
be substituted for the ordinance men- 
tioned in the veto message. 

The motion prevailed. 

Aid. Hunter moved the passage of the 
substitute ordinance. 

The motion prevailed, and the orai- 
nance was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Pichert, Dailey, 
MeCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Plarris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, MeCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Rfiymer, Larson, 
Wiendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays — Conlon — 1. 

The following is the ordinance as 
passed : 
Be it ordained ty the City Council of the 

City of Chicago: 

Section 1. That permission and au- 
thority be and the same are hereby 



November 27, 



1581 



1905 



granted to Charles C. Heisen to lay 
down, maintain and operate two 2 -inch 
iron pipes at a depth of not exceeding 
three feet below the surface of the street, 
beginning at the manhole terminal of the 
pipe conduit now on the east side of 
Union Park place opposite the factory 
property of said Charles C. Heisen, at 
Nos. 61 and 63 Union Park place; thence 
north a distance of forty-seven (47) feet 
to the southeast corner of said Union 
Park place and Arbor street; thence 
Avest across Union Park place and along 
the south side of Arbor street a distance 
of ona hundred and forty-eight (148) 
feet; thence north across Arbor street 
a distance of twenty-two (22) feet to 
the south wall of the right of way of 
the Pittsburgh, Cincinnati, Chicago and 
St. Louis Kailroad, there to connect with 
the pipes that are now laid across the 
right of way of the said Pittsburgh, Cin- 
cinnati, Chicago and St. Louis Railroad 
and the Chicago & North w^estern Pail- 
road, then from the pipes now extending 
through the north w^all of the right of 
wa}'^ of the said Chicago & Northwestern 
Railroad across West Kinzie street^, a 
distance of thirty-two (32) feet to the 
building line of the factory property of 
said Charles C. Heisen^ at Nos. 491 to 
495 West Kinzie street. 

Said pipes shall be constructed and 
maintained under the supervision and 
to the satisfaction of the Commissioner 
of Public Works^ and shall be located 
substantially as shown on the plat here- 
to attached, w^hich plat is made a part 
hereof; and said grantee shall at all 
times keep on lile in the office of the 
Commissioner of Public Works a plat 
showing the location of said pipes and 
of all manholes and openings to gain ac- 
cess thereto; said pipes shall be used by 
said Charles C. Heisen to string through 
each, one electric power cable, which 
cable shall be well and properly insulated 
for the transmission of electric pov/er. 

Section 2. The permission and au- 
thority herein granted shall cease and 
determine ten years from and after the 



passage of this ordinance, or at any 
time prior thereto at the discretion of 
the • Mayor. 

• Section 3. Said grantee shall not con- 
struct said pipes or in any way disturb 
the surface of the street until he shall 
have secured permission of the Depart- 
ment of Public Works, and whenever 
said grantee shall make application in 
writing for said permission and shall 
comply with the terms and conditions of 
this ordinance, it shall be the duty of 
the Department of Public Works, or 
other authority, to issue the same. Said 
grantee shall do no permanent injury to 
said streets, or in any manner interfere 
with any public cable, wire or conduit 
therein, and shall not open or incumber 
more of said streets than shall be neces- 
sary to enable him to proceed with ad- 
vantage in constructing said pipes. 
Should said pipes, or either of them, in- 
terfere with or obstruct in any man- 
ner the construction of any municipal 
underground work, the grantee shall re- 
move said pipes, or either of them, or 
change the location thereof, as directed 
by the Commissioner of Public Works, 
at his own expense and without any ex- 
pense v^'hatever to the City of Chicago. 
At the termination of the privileges 
hereby granted by lapse of time or other- 
wise, said grantee shall restore said 
streets to their proper condition, safe 
for public travel, to the satisfaction of 
the Commissioner of Public Works, so 
that the portions of said streets where 
said pipes shall have been located shall 
be put in the same condition, safe for 
public travel, as the remaining portions 
of said streets in the same block. 

Section 4. Before said grantee shall 
disturb the surface of said streets he 
shall deposit with the Commissioner of 
Public Works a sum of money sufficient 
to pay for the restoration, to as good a 
condition safe for public travel as the 
same was in before being disturbed, of 
so much of said streets as he shall have 
out of the condition in which he found 
it at any one time; and said grantee 



November 27, 



1583 



190c 



shall promptly restore said streets, or 
any portion thereof, to as good a condi- 
tion safe for public travel as the same 
vv^as in before being disturbed, and shall 
maintain the portion so disturbed and 
repaired in such good condition for a 
period of five years, and do the work 
of restoration to the satisfaction and 
approval of the Commissioner of Public 
Works; whereupon said money deposited 
shall be returned to said grantee; but 
if for any reason the amount of said 
deposit shall have been insufficient to 
cover the cost of such work, or if any 
damage shall have been done to any 
underground work or connection or oth- 
erwise not contemplated in the original 
estimate, which shall have cost increased 
expenditure, the amount of insufficiency 
or damage shall be certified to said 
Comptroller who shall collect the same 
from said grantee herein, and said gran- 
tee shall upon demand immediately pay 
the same, and no other permit shall be 
issued to the grantee herein for any 
other or additional work until the 
amount thereof shall have been paid. If 
said grantee shall neglect or refuse to 
so restore said street, or any portion 
thereof, then the Commissioner of Pfib- 
lie Works may, and with the funds so 
deposited shall, cause the same to be 
done, and shall repay and refund only 
the surplus, if any, to said grantee. 

Said grantee shall not permit said 
streets or any portion thereof to re- 
main open or incumbered for a longer 
period than shall be necessary to the 
prompt execution of the work for which 
same shall have been opened or incum- 
bered, and he shall erect and maintain 
suitable barriers and lights to prevent 
any accident in consequence of such 
opening or incumbering said streets or 
any portion thereof. j 

Section 5. Said pipes and other neces- 
sary appliances maintained and operated 
under authority of this ordinance by 
said grantee shall be of modern excel- 
lence, and constructed, maintained and 
operated in a first-class manner; and it 



is expressly understood and agreed that 
the rights and privileges granted here- 
under are subject to all the ordinances 
of the City of Chicago now in force or 
which may hereafter become in force, 
and especially any ordinances concern- 
ing the removal or replacement of any 
underground pipes. 

Section 6. Before doing any work un- 
der and by virtue of the authority of 
this ordinance, said grantee shall execute 
a bond to the City of Chicago in the 
penal sum of ten thousand ($10,000) 
dollars, with sureties to be approved by 
the Mayor, conditioned upon the obser- 
vance and faithful performance of all 
and singular the conditions and provi- 
sions of this ordinance, and conditioned 
further to indemnify, save and keep 
harmless the said City of Chicago from 
any and all loss, damage and expense, 
cost or liability of any kind whatsoever 
that may be suffered by it, the said City 
of Chicago, or which may accrue against, 
be charged to, or recovered from said 
city, from or by reason or on account 
of the passage of this ordinance, or from 
or by reason or on account of any act 
or thing done by said grantee herein by 
virtue of the authority herein given, and 
conditioned to comply with all terms 
and conditions of this ordinance. Said 
bond and the liability of the sureties 
thereon shall be kept in force through- 
out the life of this ordinance, and if at 
any time during the life of this ordi- 
nance such bond shall not be in full 
force, then the privileges herein granted 
shall thereupon cease. 

Section 7. The grantee herein shall 
-pay to the City of Chicago as compen- 
sation for the privileges herein granted 
the sum of twenty-five ($25.00) dollars 
per annum in advance, each and every 
year during the life of this ordinance; 
the first payment shall be made as of 
the date of the passage of this ordi- 
nance, and each succeeding payment an- 
nually thereafter. It is expressly under- 
stood and agreed that the privileges 
herein granted shall terminate and this 



Xovember 27, 



1583 



1905 



ordinance immediately become null and 
void if any default is made of said gran- 
tee in the prompt payment of any in- 
stallment of said compensation. 

Section 8. This ordinance shall take 
effect and be in force from and after 
its passage and acceptance; provided, the 
grantee shall file his written acceptance 
thereof with the City Clerk of the City 
of Chicago within thirty (30) days from 
the date of the passage of this ordinance, 
and shall also within the same period 
file the bond hereinbefore provided. 

ALSO, 

The following communication: 

November 27, 1905. 
To the Honorable, the City Council: 

Gentlemen — I respectfully invite your 
attention to certain circumstances re- 
garding the proposed ordinance for reduc- 
ing the price of gas to 75 cents per thou- 
sand cubic feet, which I transmitted to 
your Honorable Body by message of No- 
vember 13, 1905, and which your Honor- 
able Body thereupon in due course re- 
ferred to your Committee on Gas, Oil and 
Electric Light. 

Subsequently thereto the Hon. Francis 
W. Parker, a republican senator from one 
of the districts of this city, made, in a 
public speech reported in the daily press, 
a statement as to the enactment of the 
statute authorizing the proposed ordi- 
nance, which statement should suggest to 
your Honorable Body important consid- 
erations with reference to the advisability 
of prompt action upon the proposed ordi- 
nance in question. 

Senator Parker's speech was delivered 
on the 20th of November, 1905, at the 
Hyde Park Baptist Church. For your in- 
formation I lay before you so much of the 
published report of it as bears upon the 
question of dilatory action on reducing 
the price of gas. I quote from the Chi- 
cago Tribune of November 21st, which 
reports Senator Parker as saying: 

"Let me tell you of my experience with 
the Chicago gas bills. For twenty years 
you have paid glas bills higher than you 
think you ought to pay. There is not a 



legislature in twenty years which could 
not have fixed this matter for you. There 
is not an hour you have not desired it 
fixed. It has not been done. I will tell 
you why. 

"Certain committees had been at work 
in the interests of gas reform, and it was 
understood that the gas bill was to be one 
with the charter. All the Chicago mem- 
bers were put on the committee but my- 
self. I was the only one that was unfit, 
and from the first I was persuaded that 
that committee would be a slow-moving 
body. Weeks and months went by. Noth- 
ing happened until some misguided mem- 
ber of the House insisted that the gas bill 
come up for discussion. 

"I went over to the House to see what 
they were doing. I found a singular sit- 
uation. In one room the leading politi- 
cians of the state were gathered, and in 
an adjoining room the public service cor- 
poration men were sitting. There was 
constant communication between the two 
rooms. Politicians were passing back and 
forth. Cicero J. Lindley was one of these. 

" 'What are you doing' ? I asked him. 

" 'Fixing up the gas bill,' he replied. 

"'Who is fixing it up?' I returned. 

" 'Oh, we all have agreed on this 
amendment,' he replied. 

"Then he showed me the amendment 
which the politicians and corporation men 
agreed upon. It provided that before 
the city could move a peg toward con- 
trolling the rates of gas it had to make 
an exhaustive investigation, and before 
this investigation could be made a repre- 
sentative of the corporation whose rates 
were under fire had to be called in. And, 
finally, the rates had to be adjusted so 
there could be a fair profit. 

"'Fair profit on what?' I asked Lind- 
ley. 'Fair profit on the millions of wa- 
tered stock and on the franchises of the 
public?' Fair profit for every properly 
constructed business appears to mean a 
salary of $10,000 a year for all the presi- 
dent's family and relatives down to the 
lap dog. 

"Well, they passed this bill and sent it 
over to the House in the last days of the 
session. In the senate, I moved to strike 
out the amendment. It was done. Gas 
stock went down and members went out 
and speculated. They killed the bill and 
the minute they did so stocks went down, 
for it was felt that a decent bill had to 
be passed or not a man could come back. 
So they fished up one out of the waste 
paper basket and passed it, and the City 
Council of Chicago is acting under it 
now." 

The part of this report to which I es- 



November 27, 



1584 



1905 



pecially direct the attention of your 
Honorable Body is that in whioh Sena- 
tor Parker is reported as saying that a 
proposed amendment to the gas bill, 
which amendment he says "the politicians 
and the corporation had agreed upon," 
provided, to use his reported language, 
that "before the city could move a peg 
toward controlling the rates of gas it 
had to make an exhaustive investigation 
and before this investigation could , be 
made, a representative of the corporation 
whose rates were under fire had to be 
called in." This amendment was killed 
by the legislature. But it is now pro- 
posed by the Chairman of your Commit- 
tee on Gas, Oil and Electric Light, that 
your Honorable Body proceed as if the 
amendment had been embodied by the 
legislature in the present law which has 
been approved by the people instead of 
having been killed by that body. For the 
Chairman of your Committee on Gas, 
Oil and Electric Light has asked your 
Honorable Body for an order directing it 
as follows: 

To take up for consideration the ques- 
tion of establishing such maximum rates, 
securing all possible information regard- 
ing the processes and cost of manufactur- 
ing gas and the cost of producing elec- 
tricity and prices charged for the sale of 
the same, both in this city and in other 
large cities, and that the Committee be 
further directed after a careful, com- 
plete and thorough investigation of the 
subject-matter to report such ordinance 
or ordinances as in the light of such in- 
vestigation shall seem reasonable, etc. 

This proposition is a special order of 
business before your Honorable Body to- 
night. The probable delay and futility 
of such an investigation is evident from 
the positive refusal of the representa- 
tives of the gas company to permit your 
committee to examine the books of the 
company for the purpose of ascertain- 
ing the actual cost to said company of 
supplying gas to the inhabitants of Chi- 
cago, Under these circumstances I sub- 
mit to the good judgment of your Hon- 
orable Body that the proposed investiga- 
tion would operate to give to the gas 



company, through your Honorable Body, 
the benefits of the very delays which its 
representatives asked of the Legislature 
in vain. 

As I am advised, the plea that such 
an investigation is a necessary legal pre- 
requisite to an ordinance reducing the 
price of gas is not well-founded. The 
validity of the ordinance, so far as the 
justice and reasonableness of the price 
can determine it, will not depend upon 
whether your Honorable Body shall first 
have made a minute and prolonged in- 
vestigation. It will depend solely upon 
the question of whether the price fixed 
by the ordinance is just and reasonable 
in fact. 

Upon the trial of that question in 
court, the burden will be upon the gas 
company to prove unjust and unreason- 
able, and they will have to produce their 
books and records of actual cost. But in 
an investigation before your Committee, 
the Committee would be forced into the 
position of assuming the burden of prov- 
ing reasonableness affirmatively, while 
the gas company could refuse as it does 
now refuse to facilitate the inquiry by 
exhibiting its books showing actual cost. 

Of course the City of Chicago should 
act in this, as in all other matters, in 
entire good faith. The honor of the city 
demands that it shall be reasonable and 
just itself. Therefore, gas rates should 
not be reduced to a point which would 
not 'with reasonable probability yield to 
the companies fair compensation for good 
service. But this reasonable probability 
exists. We infer it from the actual ex- 
perience of other cities. In Cleveland the 
price of artificial gas is 75 cents, and the 
company pays a tax of 6 14 per cent on 
its gross receipts. The reduction was 
opposed as unreasonable and unjust, but 
the company is making a good profit at 
the so-called unreasonable rate. Cincin- 
nati is another large city in which arti- 
ficial gas is supplied with ample profit 
at 75 cents per thousand feet. The same 
price is reported as profitable in Terre 
Haute, Indiana, Newport, Ky., Wheeling, 



November 27, 



1585 



1905 



W. Va., and Dulutli. And in the City of 
Chicago it is matter of common knowl- 
edge, and a fact which the gas company 
does not seriously dispute, that at the 
present price of one dollar per thousand 
feet the company is making dividends on 
a capitalization far in excess of the ac- 
tual cost or present value of its plant. 
Not only are these facts notorious, but 
the company itself has virtually con- 
fessed that 75 cents is not an unjust or 
unreasonable rate. For, although a 75 
cent ordinance was passed by your Hon- 
orable Body in October, 1900, to go into 
effect January 2, 1901; and although the 
gas company has brought two suits in 
the Federal Courts to restrain the opera- 
tion of that ordinance, one by the com- 
pany and the other by a non-resident 
stockholder; and although the first suit 
was carried to the Supreme Court of the 
United States and decided in favor of 
the city, Avhile the other has long been 
at issue — notwithstanding the opportuni- 
ties afforded for contesting in open court 
in these suits the justice and reasonable- 
ness of a 75 cent rate, the company has 
not contested that question in either suit. 

Under these circumstances it would be 
strange if your Honorable Body should 
think it necessary to make an exhaustive 
investigation as a preliminary to the 
passage of an ordinance. 

Such an investigation as is proposed 
could serve no purpose in determining 
the reasonableness of the rate in subse- 
quent legal proceedings. But by delay- 
ing action by your Honorable Body it 
would take hundreds of thousands of 
dollars unjustly away from gas consum- 
ers to increase the unearned profits of the 
gas company. 

The law under which you are called 
upon to act was passed to enable you to 
adopt an ordinance that would not be 
open to the objection of lack of power on 
your part which the company has raised 
against the existing 75 cent ordinance. 
T am advised that this objection to that 
ordinance will probably not be sustained 
by the courts. But if it should be sus- 



tained, and meantime no ordinance un- 
der the recent statute were adopted by 
your Honorable Body, the gas consumers 
of this city would lose and the gas com- 
panies would gain, not alone many mil- 
lion dollars worth of overcharges already 
accumulated, but in addition the sum of 
about $50,000 a week for every week's 
delay in adopting a new ordinance. 

I, therefore, respectfully advise your 
Honorable Body to refrain from instruct- 
ing your committee to make the in- 
vestigation as proposed, and that if your 
Honorable Body shall at this time give 
any direction to said committee it be a 
direction to consider expeditiously and 
report promptly upon the 75 cent gas 
ordinance already referred to it by your 
Honorable Body. 

Bespectfully, 

E. F. Dunne, 

Mayor. 
Which was on motion of Aid. Bennett 
ordered published and placed on file. 

also. 

The folloAving appointment: 

In conformity with resolution adopted 
November 20th, page 1535 current Coun- 
cil Proceedings, providing for appoint- 
ment of Committee of five members of 
the Council to investigate with reference 
to new bridges and opening of streets. 
His Honor, the Mayor, submitted the 
names of the following members of the 
Council as such Committee: 

Aid. Hurt, 

Aid. Jones, 

Aid. Dougherty, 

Aid. Bihl, 

Aid. Beilfuss. 

The Corporation Counsel submitted the 
folloAving communication : 
Office of the Cokporation Counsel, 1 
November 27, 1905. | 
To the Hoiiorahle City Council of the City 

of Chicago : 

Gentlemen — In compliance with the 



November 27, 



1586 



1905 



resolution of the City Council of the 20th 
day of November, 1905, directing the 
Corporation Counsel of the city to fur- 
nish a detailed statement of the con- 
dition and progress of the litigation be- 
tween the City of Chicago and the Peo- 
ple's Gas Light and Coke Company, with 
special reference to the pending suit of 
D. 0. MillS;, a stockholder in the People's 
Company, against the city and the said 
Gas Company, I herewith beg leave to 
submit the following: 

On the 15th of October,' 1900, the City 
Council of Chicago passed an ordinance 
providing that no gas company should 
charge within the city to exceed 75 cents 
per thousand cubic feet for gas and re- 
quiring that the illuminating power of 
said gas should not be less than twenty 
candle power. Said ordinance also pre- 
scribed penalties for its violation. 

On December 31, 1900, the People's 
Gas Light and Coke Company filed a bill 
against the City of Chicago seeking to 
enjoin the enforcement of said ordinance, 
first, because the charter granted to the 
company before the Constitution of 1870, 
and accepted by it, constituted a con- 
tract which gave the company a right to 
charge $1.00 per thousand cubic feet, and 
that the ordinance in question impaired 
the obligation of that contract; second, 
because the Legislature had never dele- 
gated to the city the power to regulate 
the price of gas. 

On July 30, 1902, the bill came on to 
be heard before Judge Grosscup and was 
dismissed by him. Judge Grosscup hold- 
ing that the People's Company did not 
have the contract rights claimed in the 
bill. An appeal was then taken by the 
company to the Supreme Court of the 
United States, and pending said appeal, 
the preliminary injunction was con- 
tinued in force upon the company filing 
a bond in the sum of $600,000. 

The records show that on the 5th day 
of November, 1903, a stipulation was 
entered into between "E. B. Tolman, 
Corporation Counsel, and Granville W. 
Browning, Special Counsel for the City 



of Chicago, and W. D. Guthrie, as one 
of the stockholders for the People's Gas 
Light and Coke Company," consenting to 
the amending of the decree of July 30, 
1902, by striking out therefrom the 
words '-'dismissed for want of jurisdic- 
tion," and inserting in place of the 
words stricken out, "dismissed upon the 
merits as to the alleged contract rights 
of the complainant, but without preju- 
dice to any other suit in respect to the 
question of the power of the City Coun- 
cil under the laws of the State of Illi- 
nois." 

On January 20, 1904, the case was 
argued in the Supreme Court of the 
United States, William D. Guthrie ap- 
pearing as one of the counsel for the 
company, both on the brief and in the 
oral argument before that court. 

On April 4, 1904, the Supreme Court 
of the United States handed down an 
opinion (People's Gas Light and Coke 
Company vs. City of Chicago, 194 U. S. 
1) affirming the judgment of Judge 
Grosscup. 

As the People's Company and the City 
of Chicago were both citizens of the 
State of Illinois^, and as the only ground 
of Federal jurisdiction alleged in the 
People's case was based upon the al- 
leged impairment of the charter of the 
People's Company, the Supreme Court 
of the United States held that the com- 
pany had no right to litigate the power 
of the City Council to pass the ordi- 
nance, in a Federal Court. 

Apparently for the purpose of circum- 
venting the judgment of Judge Gross- 
cup of July 30, 1902, and to avoid a 
similar decision by the Supreme Court 
of the United States, the scheme was 
devised of keeping out of the state 
courts and getting the litigation before 
a Federal court by resorting to the 
familiar device of Avhat appears to be 
a collusive stockholders' suit. 

On June 8, 1903, Darius 0. Mills, 
a stockholder of the People's Company, 
then a resident of the State of Califor- 



November 27, 



1587 



J 005 



nia, and now of the State of New York, 
filed the present bill, alleging that the 
City of Chicago had no power from the 
Legislature to regulate the price of gas. 
Mr. Mills tried to circumvent the city's 
policy of keeping this litigation in the 
state court by alleging that in Decem- 
ber, 1902, and in j^'ebruary, 1903, he had 
made a demand respectively upon the 
board of directors and the stockholders 
of the People's Company, asking them 
to begin another suit for the purpose of 
enjoining the enforcement of the 75 cent 
gas ordinance. Mills claimed in his bill 
that the directors and stockholders re- 
spectively voted not to begin the suit, 
and that he was obliged to begin the 
suit for the purpose of protecting the 
corporate interests, seeking to enjoin not 
only the City of Chicago from enforcing 
the ordinance, but the officers and agents 
of the People's Company from comply- 
ing with the ordinance, the theory of 
Mills' bill being that unless he enjoined 
the directors and officers of the Peo- 
ple's Company from complying with the 
ordinance, that company would sell gas 
to consumers at 75 cents. 

The City of Chicago demurred to this 
bill, and on January 25, 1904, Judge 
Grosscup handed down an opinion over- 
ruling the demurrer and holding that the 
City of Chicago had no power from the 
Legislature to regulate the price of gas, 
and further, that the collusion relied 
upon by the city did not appear on the 
face of the bill. (Mills vs. People's Gas 
Light and Coke Company et al., 127 Fed. 
731.) 

On February 1, 1905, complainant Mills 
filed an amended bill, to which the city 
also filed a demurrer, and no action was 
taken by either the city or Mr. Mills 
on the demurrer until July 3, 1905, when 
that demurrer was argued before Judge 
Grosscup, and on the 1st day of August, 
1905, Judge Grosscup handed down an 
opinion adhering to his former ruling 
and overruling the demurrer to the 
amended bill, but giving the City of 
Chicago twenty days in which to answer. 



August 19, 1905, the City of Chicago 
filed an answer denying the material 
allegations of the bill and setting up 
that the bill filed by Mills was collusive, 
that the demands alleged to have been 
made by Mills upon the stockholders, if 
any such were made, were pretended 
and colorable and pursuant to a collusive 
agreement between Mr. Mills and the 
stockholders of the People's Company 
for the purpose of conferring jurisdic- 
tion upon the Ifederal Court and keeping 
the litigation out of the state court. 

On November 17 and 18, 1905, evi- 
dence was taken before Hervey W. 
Booth, Esq., a special examiner for the 
Circuit Court of the United States, in 
reference to the charges of collusion con- 
tained in the city's answer. Mr. Mills, 
the complainant, gave evidence that, to 
the mind of the Corporation Counsel, con- 
clusively established the city's conten- 
tion that the suit was collusive and 
brought at the request of and for the 
benefit of the People's Gas Light and 
Coke Company, so as to keep the litiga- 
tion out of the state court. 

He testified that on December 16, 1902, 
he wrote a letter to the board of direc- 
tors requesting them to begin another 
suit against the City of Chicago to 
contest the validity of the 75 cent gas 
ordinance, and that he did not hear from 
the directors until January 29, 1903, at 
which time his request was voted down 
by the unanimous vote of the board of 
directors, consisting of Anthony N. 
Brady, George 0. Knapp, C. K. G. Bill- 
ings and A. R. Flower. 

The resolution denying Mills' request 
at the directors' meeting, according to 
the books of the company, was pro- 
posed by Anthony N. Brady. Again, at 
the stockholders' meeting on February 
10, 1903, Brady voted against Mills' reso- 
lution. Notwithstanding the fact that 
Mills testified that he had heard noth- 
ing as to whether the board of direc- 
tors would begin another suit on Janu- 
ary 23 1903, he then paid Mr. Guthrie 
$5,000 as counsel fee for the purpose of 



November 27, 



1588 



1905 



commencing the present Mills' suit. He 
further testified that on May 14, 1903, 
Mr, Anthony N. Brady, the very direc- 
tor who offered the resolution against 
the commencement of the Mills' suit in 
behalf of the corporation, paid Mr. Mills 
back the $5,000 that Mr. Mills had pre- 
viously paid to Mr. Guthrie. It will be 
remembered that this money was paid 
back before the Mills' suit was started, 
for that was not commenced until June 
8, 1903. 

Mr. Mills further testified that a few 
days before he gave his evidence, and 
after he had been notified to appear as 
a witness, Anthony N. Brady came to 
Mills' office in New York and told him 
(Mills) that the $5,000 that Brady paid 
to Mills did not come from the com- 
pany. 

The examination of Mr. Brady was 
set for the 27th of November, 1905, and 
upon the motion of Mr. Meagher, coun- 
sel for the People's Company, who is a 
defendant opposing Mills — apparently — 
the hearing was continued for one week. 
Under order of court Mills has until 
December 7 to make proofs in support 
of his bill. The city has forty days 
thereafter in which to introduce its evi- 
dence, but probably not more than 
twenty days will be 'required. Then 
Mills has twenty days thereafter to take 
evidence in rebuttal. The taking of tes- 
timony on both sides will probably be 
finished before January 1, and argu- 
ments before Judge Grosscup should be 
heard and a decision rendered by Febru- 
ary 1, 1906. In case of an appeal by 
either party from Judge Grosscup's deci- 
sion, this suit could probably be dis- 
posed of in the Supreme Court of the 
United States within six months after 
a decision in the lower court. 

Mills in his bill charges that the en- 
forcement of the 75 cent gas ordinance 
will reduce the amount of the gross re- 
ceipts of the company one-fourth and 
its net profits more than one-half. The 
gross receipts of the People's Company 
for the year 1904, according to the re- 



port of said company, published in the 
Investor's Manual for 1905, a publica- 
tion issued by the Economist Publish- 
ing Company, of Chicago, amounted to 
$12,014,085, during that year. Taking 
the statement of Mr. Mills in his bill 
that the gross receipts of the company 
would be reduced one-fourth by the en- 
forcement of the ordinance, we find that 
the enforcement of the ordinance would 
have saved to the consumers of gas with- 
in the City of Chicago during the year 
1904, $3,003,521, or at the rate of $8,- 
228 per day. The ordinance took effect 
January 2, 1901, and computing the 
amount thus overcharged by the Peo- 
ple's Company on the same basis from 
that date to the present time, we find 
that consumers of gas will be entitled to 
recover back from the People's Company 
more than thirteen million dollars, if 
the city's contention that the ordinance 
in question is valid should be sustained. 

On September 4, 1900, the city of 
Peoria passed a 75 cent gas ordinance, 
and the Peoria Gas and Electric Com- 
pany filed a bill, alleging that the city 
of Peoria had no authority from the 
Legislature to regulate the price of gas 
and also that it could not afford to manu- 
facture gas at 75 cents, and was there- 
fore deprived of its property in viola- 
tion of the Fourteenth Amendment to 
the Federal Constitution. That case is 
now pending in the Supreme Court of 
the United States on the appeal of the 
company. There are several questions 
involved in that appeal. The only one, 
however, that affects the Mills' suit is 
the one in reference to whether cities 
and villages of Illinois had the author- 
ity during the year 1900 to regulate the 
price of gas. The Supreme Court of the 
United States may dispose of that ques- 
tion, or the Peoria case may be decided 
on other points. Mr. Guthrie, Mills' 
attorney, obtained leave from the Su- 
preme Court of the United States on 
October 30, 1905, to file and did file a 
brief covering the question as to whether 
cities of Illinois, under the Cities and 



November 27, 



1589 



1905 



Villages Act of 1872, had authority to 
regulate the price of gas. 

The Corporation Counsel was given 
leave to file a reply to that brief, and 
on November 25, 1905, did file such re- 
ply. The brief filed by the Corpora- 
tion Counsel shows that Judge Gross- 
cup's opinion rendered in the Mills' suit 
above referred to was based on lines of 
reasoning contrary to the aecisions of 
the Supreme Court of Illinois. The de- 
cisions referred to are set out at length 
in the brief filed at Washington. 

The Corporation Counsel believes that 
on October 15, 1900, when the 75 cent 
gas ordinance was passed, the City of 
Chicago had full power to regulate the 
price of gas, and the Corporation Coun- 
sel is of the opinion that the Supreme 
Court of Illinois will so decide, should 
the question ever come before it. 

However, as the principal attack that 
has been made upon the gas regulating 
ordinance up to the present time has cen- 
tered around the power of the City Coun- 
cil to pass the ordinance, and in view 
of the fact that specific authority is con- 
ferred upon the City Council by the act 
of the Legislature, approved May 18, 
1905, to regulate the price of gas, the 
Corporation Counsel believes that it 
would be prudent to pass another ordi- 
nance to take effect at once, fixing the 
price of gas. Such uew ordinance should 
contain a saving clause reserving to the 
city and to all consumers of gas, the 
right to recover overcharges due under 
prior ordinances. Under the injunctional 
order now in force in the Mills' suit all 
consumers of gas are restrained from 
bringing suits to recover this money 
back. Should that injunction be dis- 
solved, they would have the right to do 
so. 

As the power of the City Council to 
regulate the price of gas has been ques- 
tioned, I beg to say that the fact that 
the City Council, out of abundant cau- 
tion, should now pass another ordinance, 
would in no wise tend to show that the 
prior ordinance of October 15, 1900, was 



not entirely valid; the last act of the 
Legislature referred to, specifically per- 
mitting Chicago to regulate the price of 
gas, being in the nature of a ratifying 
act, instead of one of original authority. 

Most respectfully submitted, 

Jas. Hamilton Lewis, 

Corporation Counsel. 
Concurred in by 
Henry M. Ashton, 

Special Counsel in Mills v. Clly. 
Which svas on motion of Aid. Bennett 
ordered published and placed on file. 

ALSO, 

The following communication: 
Office of the Corporation Counsel, ") 
November 22, 1905. j 
To the Honorahle the City Council: 

Gentlemen — Some time ago you passed 
the following order: 

"Whereas, Alley between 52d street, 
53d street, Lowe avenue and Wallace 
street, in Samuel B. Loose's Subdivision, 
Block one, Town of Lake, was vacated 
on the 8th day of May, 1893; and 

Whereas, A question has arisen as 
to the legality of said vacation; and 

Whereas, Also the rights of many 
property owners are involved and it is 
important that their rights in the prem- 
ises be determined; therefore be it 

Ordered, That the Corporation Coun- 
sel be and he is hereby requested to 
furnish an opinion as to the legality of 
said vacation of said alley." 
In compliance with your request, T 
beg to advise you that the plat of the 
subdivision of which this Block one is 
a part was recorded on October 20, 1885, 
and consists of several blocks of land; 
and on May 8, 1893, a vacating instru- 
micnt was filed for record by the Block- 
PoUak Iron Company, reciting that it 
is an Illinois corporation and is the sole 
owner of all of the lands and lots covered 
by and in Block one, and by virtue there- 
of does set aside and vacate the "subdi- 
vision of said Block one * * * and 



November 27, 



1590 



1905 



do hereby declare vacated all the lots, 
streets and alleys in all of said Block 
one * * * * " The plat shows a 
14-foot alley running north and south 
through this block. 

The right to vacate a plat or a portion 
thereof is- governed by Chapter 109 of the 
Revised Statutes, approved March 21, 
1874. Section 6 of the act provides that : 

"Any such plat may be vacated by 
the owner of the premises at any time 
before the sale of any lot therein by 
a written instrument declaring the 
same to be vacated, executed, acknow- 
ledged or approved, and recorded in 
like manner as deeds of land; which 
declaration being duly recorded shall 
operate to destroy the force and effect 
of the recording of the plat so vacated, 
and to divest all public rights in the 
streets, alleys and public grounds and 
all dedications laid out or described in 
such plat. When lots have been sold, 
the plat may be vacated in the man- 
ner herein provided by all the owners 
of lots in such plat joining in the exe- 
cution of such right." 
Section seven provides that : 

"Any part of a plat may be vacated 
in the manner provided in the preced- 
ing section and subject to the condi- 
tions therein prescribed, and provided 
such vacation shall not abridge or de- 
stroy any of the rights or privileges 
of other proprietors in such plat; and 
pro^dded further, that nothing con- 
tained in this section shall authorize 
the closing or obstructing of any pub- 
lic highway laid out according to law." 

As this attempted vacation is of a part 
of a plat it should, in order to be effec- 
tual, "not abridge or destroy any of the 
rights or privileges of other proprietors 
in said plat" and should not close or ob- 
struct "any public highway laid out ac- 
cording to law." As the other owners of 
lots in the subdivision did not join. in 
the execution of the vacating instrument 
and as the city has by its acts treated the 
alley as a public highway, I am of the 



opinion that this attempted vacation is 
void. 

Yours truly, 
^ Michael F. Sullivan, 
Assistant Corporation Counsel. 
Approved : 

Wm. H. Sexton^ 
First Assistant Corporation Counsel. 

Which was on motion of Aid. Bradley 
ordered published and placed on file. 

ALSO, 

The following communication: 
Office of the Corporation Counsel, 1 
November 27, 1905. j 
To the HonoraMe, the City Council: 

Gentlemen — At the last meeting of 
your Honorable Body (November 20, 
1905), an order was adopted which is in 
part as follows: 

"Whereas, There are a number of 
companies engaged in the business of 
selling lime, cement, sand, gravel, and 
other building materials, which said 
companies also deal in lath;" 
It is then recited that the city through 
its license officers is atttempting to com- 
pel 'the said companies to pay the license 
fee of $100 annually which is required 
under Section 1379 of the Revised Mu- 
nicipal Code of Chicago of 1905, of those 
who keep, carry on or maintain lumber 
yards, or other places where lumber is 
sold. 

The conclusion of said order is as fol- 
lows : 

"Whereas, It is contended by said 
companies that they are not liable for 
said license fee under said Section 
1379; therefore it is ordered that the 
matter be referred to the Corporation 
Counsel for investigation, and that he 
furnish the Council with an opinion as 
to the liability of said companies to 
pay such license fees." (Council Pro- 
ceedings, November 20, 1905, page 
1543.) 

Section 1379 of said Code reads in part 
as follows: 



November 27, 



1591 



1905 



"No person or corporation shall keep, 
carry on, conduct or maintain a lum- 
ber yard or other place where lumber 
is sold from yard, car, vessel or place, 
or where lumber is stored for the pur- 
pose of seasoning or drying the same, 
or where second-hand lumber is stored 
or kept for sale, without first having 
obtained a license therefor, as herein- 
after provided." 

The section then provides for an appli- 
cation in writing to the Mayor for a 
license, and the payment of a license fee 
to the City Collector at the rate of $100 
per annum, and concludes with the fol- 
lowing provision: 

"If such applicant shall desire or in- 
tend to keep or conduct more than one 
lumber yard or place for the storage 
of lumber, a license shall be secured 
for each lumber yard or place, and the 
full license fee as herein fixed shall be 
charged for each such license so is- 
sued." 

By Section 1381 of the Code, a penalty 
is provided for the violation of the pre- 
ceding provisions relating to lumber 
yards. 

Pursuant to the order of your H5nor- 
able Body, I respectfully submit my con- 
clusions as to the liability of the com- 
panies therein referred to to pay the fees 
prescribed by the ordinance. 

Section 1 of Article V. of the Cities and 
Villages act (Kurd's Revised Statutes, 
1903, Chapter 24, page 295), gives to the 
City Council the following powers, among 
others : 

^'ISfmety -first — To tax, license and 
regulate auctioneers, * * ^' lum- 
ber yards, livery stables, public scales, 
money changers and brokers." 
A glance at the ordinance in question 
is sufiicient to make it plain that it is 
passed by the City Council in the exer- 
cise of the power of taxation delegated 
to it by the General Assembly, rather 
than in the exercise of the police power. 
In short, the ordinance is a revenue meas- 
ure. This being so, there is no need of 



taking time to discuss the reasonableness 
of the amount of the fee fixed by the or- 
dinance. The City Council was vested 
with the power to "tax" lumber yards, 
and could therefore fix the occupation 
tax or license fee at any sum it saw fit 
at its discretion, short of such an 
amount as would result in a prohibition 
of the carying on of the business of keep- 
ing or conducting lumber yards. 

The case of Holland v. City of Chicago, 
108 Illinois, 496, has sustained the va- 
lidity of a tax imposed by an ordinance 
which was passed under the clause of 
the statute above set forth. 

The main question presented, then, is 
whether those engaged in the business of 
keeping places for the selling of laths 
are subject to the tax and must obtain 
the license required by the ordinance. I 
do not pretend to say that the question is 
free from doubt, but for the reasons here- 
inafter set forth I incline to the opinion 
that those conducting yards or other 
places for the sale of laths are subject 
to the provisions of Section 1379 of the 
Revised Municipal Code. It is to be no- 
ticed that the section uses only general 
words and does not attempt to enumerate 
any particular kinds of lumber. Its 
provisions relate to "a lumber yard or 
other place where lumber is sold." I 
think therefore it was the intention of 
the City Council that dealers in all kinds 
of lumber whatever should procure li- 
cense fees under the ordinance. The word 
lumber conveys the idea of a manufac- 
tured product apart from mere wood or 
logs in an unmanufactured state. It 
should be held to include any timber 
sawed or split or otherwise prepared for 
use, either boards, planks, beams, laths, 
shingles, staves or hoops." 

See: Williams v. Stevens Point Lum- 
ler Company, 72 Wis. 487; 4 N. W. 154; 
Ward V. Kadel, 48 Ark. 174-180. 

In a statute which gives a lien on 
lumber to any person performing manual 
labor thereon, for or on account of the 
owner, agent or assignee, the word "lum> 
ber" includes shingles. 



November 27, 



1592 



1905 



Gross V. Eidell, 53 Wis. 543; 11 K W. 
9; and see^TFes^ Branch, etc. v. American 
I. C. Co., 183 Penn., 366, 38 At]. 1081. 

I am aware that there is an early de- 
cision in another state to the effect that 
the term "lumber" does not include laths. 
What has already been said as to the 
scope of the city ordinance relating to 
persons keeping or conducting lumber 
yards meets the objection, if it be made, 
that the words "lumber yards," as used 
in the statute, are to be understood as 
including only particular kinds of lum- 
ber, such as joists, large beams, etc. 

In view of what has been said, the li- 
cense officers of the city should proceed 
with the enforcement of the ordinance. 

Respectfully submitted, 

Maclay Hoyne, 

Assistant Corporation Counsel. 

Which was, on motion of Aid. Pringle, 
ordered published and placed on file. 

The Board of Education submitted re- 
quests as follows : 

To sell school property at 6544 Yale 
avenue. 

To acquire property for erection of 
Crippled Children's School. 

To acquire property adjacent to Ham- 
line School. 

To rescind action for 12-room building, 
corner Perry and Granville avenues, and 
to concur in the erection of 24-room build- 
ing on same site. 

For addition (basement) to Parental 
School. 

For 6-room addition to Brentano 
School. 

To rescind action to acquire property 
east and west of Franklin School on 
Goethe street. 

To rescind action to acquire school site 
on North Albany avenue, corner of Grace 
street, and on North Troy street, corner 
of Grace street. 

Which were referred to the Committee 
on Schools. 



The City Clerk submitted the following 
communication : 

City Clerk's Office,] 
November 27th, 1905. | 
To the Honoratle, the Mayor, and City 
Council : 

Gentlemen — In accordance with the 
provisions of the Revised Municipal Code 
of Chicago of 1905, I hereby make report 
of all acceptances and bonds, under ordi- 
nances, filed in this office since our last 
preceding meeting. 

Acceptance and bond of Cook & Mc- 
Lain, under ordinance of November 13th. 
Yours respectfully, 

A. C. Anson, 



City Clerk. 



Which was placed on file. 

ALSO, 

The following communication: 

Chicago, November 27, 1905. 
To His Honor^ the Mayor and City Coun- 
cil: 

Gentlemen — I sincerely regret that" 
the Honorable Transportation Committee 
has refused to give me a hearing on my 
subway plans, as I am fully convinced 
that if they had done so the city and citi- 
zens would have been greatly benefited 
thereby in their dealings with the differ- 
ent street railroad interests. So well am 
I convinced of this fact that I have de- 
cided to make the following offer for 
rights which the city still owns, but 
which appear to those who represent its 
interests of no intrinsic value. 

If the city will give me the exclusive 
right to the use of all space under their 
streets and rivers below 40 feet in depth, 
I will pay them ten thousand dollars in 
cash on their assigning such rights, which 
sum is to be in full payment for the u«e 
of the same for the next ten years, 
after which I will pay them a 
yearly rental of ten thousand dollars for 
the succeeding 99 years, or for as much 
longer period as the law will allow them 
to contract for the use of said space. 



November 2, 



1593 



1905 



This offer is to include my right of way 
to the surface of the streets from the 
different subways or tunnels which I 
may hereafter construct. I am 
Respectfully, 

George Richardson, 
P. 0. Address: 

Lock Box 48, Chicago Postoffice. 
Which was referred to the Committee 
on Local Transportation. 

The City Comptroller submitted the 
following communication : 

Chicago, November 27, 1905. 
To the Honorable, the Mayor and Alder- 
men in the City Council Assembled: 
Gentlemen — In compliance with your 
order of the 20th instant, I have the 
honor, to report that the last annual set- 
tlement of account between tthe People's 
Gas Light and Coke Company and the 
City of Chicago, was February 19, 1901, 
for the year 1900, as follows: 
Compensation paid by the 

gas company $306,161.78 

The city paid gas company 

for street lighting 472,826.59 

PARTIAL PAYMENTS FOR 1901. 

Compensation paid the city 
by Gas Company: 

1901 (first Ifalf of year) .$175,201.65 

Pafd for gas mantles .... 25,000.00 
The City paid Gas Company: 

1901 (first half of year) .$232,872.06 
People's Gas Light & Coke Company in 

Account with City of Chicago 
for Street Lighting. 
Compensation claimed by City: 

1901 (last half of year) .$174,798.35 

1902 375,000.00 

1903 375,000.00 

1904 375,000.00 

1905 (first half) 187,500.00 

Claims of People's Gas Light 

& Coke Company for Street 
Lighting : 

1901 (last half of year) .$117,127.94 

1902 352,289.30 

1903 303,333.65 



1904 303,650.62 

1905 (first half) 146,748.65 

The ordinance of the Chicago Econo- 
mic Fuel Gas Company provides for 
the payment of compensation to the city 
at the rate of 5 per cent of the gross re- 
ceipts for fuel gas, the settlements here- 
tofore made and referred to in the an- 
nual agreements with the People's Gas 
Light and Coke Company have limited 
payments of compensation to the city 
under this ordinance to natural gas. I 
am not aware of any modification of the 
original ordinance to justify this limita- 
tion. 

Three and one-half per cent compen- 
sation is claimed on receipts of People's 
Gas Light and Coke Company and all 
other companies under the said People's 
Gas Light and Coke Company, except the 
Universal Gas Company, which is operat- 
ing as an independent company. 

The minimum amount of compensation 
guaranteed for the year 1901 was $375,- 
000.00, and on advice of Corporation 
Counsel I have directed this amount to 
be set up in our accounts as a contingent 
asset, charging Peoples Gas Light and 
Coke Company pending the dtermination 
of the controversy, and have so reported 
to your Honorable Body annually in my 
annual report. 

Very respectfully, 

L. E. McGann, 
Comptroller. 

Which was referred to the Committee 
on Gas, Oil and Electric Light. 

ALSO, . 

Duplicate pay rolls for October, 1905. 
Which were placed on file. ^ 

The Board of Local Improvements sub- 
mitted the following communication: 
Board of Local Improvements, 
November 24, 1905. 
Hon. Edward F. Dunne, Mayor, and Mem- 
bers of the City Council: 
Gentlemen — In reference to the at- 
tached order of Alderman Ruxton. con- 



November 37, 



1594 



1905 



cerning the improvement of Grenshaw 
street, from 41st avenue to 42d avenue, 
wliich was at the meeting of your Hon- 
orable Body on November 13, 1905, re- 
ferered to the Board of Local Improve- 
ments, I beg to state that I am directed 
by the Board to say that this order was 
dravvai by the Board and given to Alder- 
man Ruxton for introduction for the pur- 
pose of having the Council sanction the 
change 'as indicated in the order. This 
proceeding was based upon an ordinance 
that was passed in 1897, at which time 
expanded metal was used in the con- 
struction of asphalt streets. The experi- 
ment with expanded metal was not satis- 
factory and was soon thereafter aban- 
doned and is not now purchaseable upon 
the. market. Therefore, by and with the 
consent of all of the property owners, 
the specifications are sought to be changed 
by eliminating the expanded metal and 
substituting therefor the present standard 
6-ineh concrete foundation. We, there- 
fore, recommend that the order be passed. 
Respectfully submitted, 
BoAED OF Local Improvements, 

By John A. May, 

Secretary. 

Aid. Euxton moved to pass the order 
therewith. 

The motion prevailed. 
The following is the order as passed: 
Ordered, That the Board of Local Im- 
provements be and are hereby instructed 
and directed to have Grenshaw street, 
from 41st 'avenue to 42 d avenue, Docket 
No. 22527, Warrant 24012, paved with 
asphalt on 6-inch concrete foundation, in 
accordance with the standard asphalt 
specifications, instead of with four inches 
of concrete expanded metal and asphalt, 
as provided in the ordinance passed June 
14, 1897. This order is made pursuant to 
the unanimous request of all of the prop- 
erty owners interested. 

ALSO, 

The following communication: 



Board of Local Isiprovements, 
November 27, 1905. 
To the Honorable, the Mayor and Mem- 
bers of the City Council: 
Gentlemen — We herewith submit an 
ordinance for the improvement of Emer- 
ald avenue, from Archer avenue to 39th 
street, together with the estimate of the 
Engineer. The cost as estimated exceeds 
the sum of $100,000, and should, in ac- 
cordance with Section 11 of the Board of 
Local Improvement Act, be referred to 
the proper Committee and published in 
Proceedings of the Council in full at least 
one week before final action is taken 
thereon. 

Respectfully submitted, 
Board of Local Improvements, 
By JoPiN A. May. 

Secretary. 

RECOMMENDATION, ESTIMATE AND 
ORDINANCE. 

recommendation by the board of local 

improvements. 
To the Mayor and Aldermen of the City 
of Chicago in City Council Assembled: 
We hereby submit an ordinance for the 
improvement, constructing new catch 
basins, plastering curbwalls, construct- 
ing granite concrete gutters and a gran- 
ite concrete combined curb and gutter 
on cinders, grading and paving with 
asphalt on six inches of Portland cement 
concrete, swept with natural hydraulic 
cement, the roadway of 

emerald avenue 

from the southeasterly line of Archer 
avenue to the north curb line of 39th 
street, and also the roadways of all 
intersecting streets and alleys ex- 
tended from the curb line to the street 
line produced on each side of said Emer- 
ald avenue between said points (except 
the roadway of 26th street with Emerald 
avenue and also except street railway 
rights of way thereon between said 
points) in the City of Chicago, County 
of Cook and State of Illinois, together 



November 27, 



1595 



1905 



with an estimate of the cost of said im- 
provement, and recommend the passage 
of said ordinance^ and the making of the 
improvement contemplated therein. 
Eespectfully submitted, 

Geo. a. Schilling, 
Cyeil R. Jandus, 
John Minwegen, 
Nicholas S. Budzban, 
John A. May, 
Board of Local Improvements of the City 
of Chicago. 
Dated, Chicago, November 27, A. D. 
1905. 

ESTIMATE OP ENGINEEll. 

To the Board of Local Improvements of 
the City of Chicago, and to the Mayor 
and Aldermen of the City of Chicago, 
in City Council Assembled: 
The Board of Local Improvements of 
the City of Chicago having adopted a 
resolution that the roadway of Emerald 
avenue, from the southea^erly line of 
Archer avenue to the north curb line of 
39th street, and also the roadways of all 
intersecting streets and alleys extended 
from the curb line to the street line pro- 
duced on each side of said Emerald ave- 
nue between said points (except the road- 
way of 26th street with Emerald ave- 
nue, and also except street railway rights 
of way thereon between said points) 
have new catch basins constructed, curb- 
walls plastered, granite concrete gutters 
and a granite concrete combined curb 
and gutter constructed on cinders, be 
graded and paved with asphalt on six 
inches of Portland cement concrete, swept 
with natural hydraulic cement, and pre- 
sented to the City Council of the City of 
Chicago a recommendation that such 
local improvement be made. 

I hereby submit an estimate of the cost 
of such improvement, including labor, 
materials and all other expenses attend- 
ing the same, as provided by law, viz.: 

Estimate. 
Curb walls plastered, 712 lin- 



eal feet at 30 cents $ 213.60 

Granite concrete gutters on 

cinders, 712 lineal feet at 

45 cents 320.40 

Granite concrete combined 

curb and gutter on cinders, 

16,779 lineal feet at 75 cents 12,584.25 
Paving with asphalt on six 

inches of Portland cement 

concrete, swept with natu- 
ral hydraulic cement, 33,- 

860 square yards at $2.50. . 84,650.00 
Adjustment of sewers, catch 

basins and manholes and 

constructing 5 new catch 

basins 4,231.75 



Total . $102,000.00 

And I hereby certify that in my opijiion 
the above estimate does not exceed the 
probable cost of the above proposed im- 
provement, 

C. D. Hill, 
Engineer Board of Local Improvements. 
Dated, Chicago, November 27, A. D. 
1905. 

AN ORDINANCE, 

For the improvement — constructing new 
catch-basins, plastering curb walls, 
constructing granite concrete gutter 
flags, constructing a granite concrete 
curb and gutter, grading and paving 
of the roadway of Emerald avenue 
from the southeasterly line of Archer 
avenue to the north curb line of 39th 
street, and also the roadways of all 
intersecting streets and alleys ex- 
tended from the curb line to the street 
line produced on each side of said 
Emerald avenue between said points 
(except the roadway intersection of 
26th street with Emerald avenue and 
also except street railway rights of 
way thereon between said points) in 
the City of Chicago, County of Cook 
and State of Illinois. 

Be it ordained by the City Council of the 
City of Chicago: 
Section 1. That a local improvement 



November 27, 



1596 



1905 



shall be made within the City of Chicago, 
in said County and State, the nature, 

character, locality and description of 
which local improvement is as follows, 
to-wit : 

That the roadway of Emerald avenue 
from the southeasterly line of Archer 
avenue to the north curb line of 39th 
street, said roadway being thirty-four 
feet in width between the southeasterly 
line of Archer avenue and the south curb 
line of 26th street and thirty-six feet 
in width between the south curb line of 
26th street and the north curb line of 
39th street, and also the roadways of all 
intersecting streets and alleys extended 
from the curb line to the street line pro- 
duced on each side of said Emerald ave- 
nue between said points, except as here- 
inafter specifically provided, be and the 
same are hereby ordered improved as 
follows : 

The curb walls now in place on each 
side of the roadways of all intersecting 
streets extended from the curb line to 
the street line produced on each side of 
said Emerald avenue between said points 
(except the roadway intersection of 26th 
street with said Emerald avenue) shall 
be plastered on their street face from 
the top surface down for the space of 
five feet. The plaster to be used shall 
be made with the best quality of Port- 
land cement and clean, coarse, sharp 
sand, mixed in the proportion of one part 
cement and two parts sand. The sand 
and the cement shall be first thoroughly 
mixed dry and then moistened with 
water to form a thick mortar, which 
shall be spread upon the face of said 
curb walls in an even layer one-half inch 
in thickness. 

Adjoining the roadway face of said 
curb walls between said points shall be 
constructed granite concrete gutter flags, 
eighteen inches in width and five inches 
, in thickness, to be made as hereinafter 
described. 

A granite concrete combined curb and 
gutter shall be constructed on each side 
of said roadway of said Emerald avenue 
between said points (except the roadway 



intersection of 26th street with said 
Emerald avenue and except across the 
roadways of all other intersecting streets 
and all the intersecting alleys between 
said points) in such a manner that the 
roadway face of the curb shall be paral- 
lel with and seventeen feet from the cen- 
ter line of said Emerald avenue be- 
tween the southeasterly line of Archer 
avenue and the south curb line of 26th 
street, and in such a manner that the 
roadway face of the curb shall be parallel 
with and eighteen feet from the center 
line of said Emerald avenue between the 
south curb line of 26th street and the 
north curb line of 39th street; and a 
granite concrete combined curb and gut- 
ter shall be constructed on each side of 
the roadways of all intersecting streets 
and alleys extended from the curb line to 
the street line produced on each side of 
said Emerald avenue between said 
points (except the roadway intersection 
of 26th street with said Emerald avenue 
and except where curb walls now exist 
between said points) in such a manner 
that the roadway face of the curb shall 
conform with the curb line on each side 
of all said intersecting streets, and in 
such a manner that the back of the 
curb shall conform with the alley lines 
produced on each side of all said inter- 
secting alleys between said points. 

Said combined curb and gutter and 
said gutter flags shall be made as fol- 
lows, to-wit: The concrete to be used 
shall consist of the best quality of Port- 
land cement mixed with fine crushed 
granite in the proportion of one part ce- 
ment and two parts fine granite, into 
which shall be incorporated four parts 
of broken granite of a size to pass 
through a ring of one inch internal 
diameter. The cement shall be mixed 
thoroughly with fine crushed granite, 
after which it shall be moistened with 
water to form a mortar, and into which 
shall be incorporated the four parts of 
broken granite as specified above and 
rammed into forms until solid. 

The material to be used in finishing 
the surface of said combined curb and 



November 27, 



159: 



1905 



gutter and said gutter flags shall consist 
of the best quality of Portland cement 
mixed with finely crushed granite, in the 
proportion of two parts cement and three 
parts granite, which after being mois- 
tened with water to form a mortar shall 
be evenly spread over the surface of said 
combined curb and gutter and said gut- 
ter and said gutter flags to a thickness 
of three- eighths- of an inch, and so as to 
"insure a smooth and even surface on the 
face of the curb and gutter flags, after 
being evenly trowelled and finished with 
a broom. 

The curb shall be seven inches thick 
and the height at the back shall vary 
from fifteen inches at the catch-basin 
inlets to nine inches at the summits, and 
the gutter flags shall be eighteen inches 
in width and five inches in thickness. 
The upper roadway edge of the curb 
shall be rounded to a true arc of a cir- 
cle having a radius of one and one-half 
inches. 

Said combined curb and gutter and 
said gutter flags shall be constructed 
upon a bed of cinders six inches in depth 
after being flooded with water and thor- 
oughly compacted to an even surface, 
and shall be back filled with earth free 
from animal or vegetable matter. Said 
filling to be four feet wide at the top of 
the curb and even therewith and shall 
slope down at the rate of one and one- 
half feet horizontal to one foot vertical. 

Said combined curb and gutter and 
said gutter flags shall be so constructed 
that the upper surface of the gutter 
flags shall conform to the surface of the 
finished roadway as hereinafter de- 
scribed, and the top edge of the curb 
shall coincide with the grade of said 
Emerald avenue between said points, 
which grade is hereby established as fol- 
lows, to- wit: 

Intersection of Archer avenue, 12.0 
feet above datum. 

Intersection of Buena Vista place, 12.2 
feet above datum. 

Intersection of 25th place, 12.3 feet 
above datum. 



Intersection of 26th street, 12.35 feet 
above datum. 

Intersection of 28th street, 12.8 feet 
above datum. 

Intersection of 29th street 13.1 feet 
above datum. 

Intersection of 30th street, 13.5 feet 
above datum. 

Intersection of 31st street, 14.0 feet 
above datum. 

Intersection of 32d street, 13.75 feet 
above datum. 

Intersection of 33d street, 13.5 feet 
above datum. 

Intersection of 34th street, 13.5 feet 
above datum. 

Intersection of 35th street, 13.25 feet 
above datum.' 

Intersection of 36th street, 13.25 feet 
above datum. 

Intersection of 37th street, 13.0 feet 
above datum. 

Intersection of 38th street, 13.0 feet 
above datum. 

Intersection of 39th street, 13.0 feet 
above datum. 

The above heights as fixed shall be 
measured from the plane of low water 
in Lake Michigan of A. D. 1847, as es- 
tablished by the trustees of the Illinois 
and Michigan Canal, and adopted by the 
late Board of Drainage Commissioners 
and by the late Board of Public Works 
of the City of Chicago, and now repre- 
sented by the ordinance of July 11th, 
A. D. 1898, relating to the corrected ele- 
vation of the Old Lind Block bench mark^ 
which determines the base or datum for 
city levels. 

The said roadway of said Emerald ave- 
nue between said points, and also the 
roadways of all intersecting streets and 
alleys extended from the curb line to 
the street line produced on each side 
of said Emerald avenue betAveen said 
points (except the roadway intersection 
of 26th street with said Emerald avenue 
and also except any and all space occu- 
pied and used as street-railway rights 



November 27, 



1598 



1905 



of way thereon between said points, 
which rights of way are by the ordi- 
nances granting them agreed to be paved 
and kept in repair, by the railway com- 
panies owning, operating and controlling 
the same) shall be so graded that after 
being thoroughly puddled, and rolled 
with a roller of ten tons weight until 
the roadbed is thoroughly compacted, 
and after the pavement hereinafter de- 
scribed shall have been placed thereon, 
the surface of the pavement at the cen- 
ter of the finished roadway of said 
Emerald avenue and the center of the 
finished roadways of all intersecting 
streets extended from the curb line to 
the street line produced on each side of 
said Emerald avenue, except where the 
roadways are occupied by street rail- 
way rights of way, shall coincide with 
the established gi^ade of said Emerald 
avenue hereinbefore described, and where 
said roadways are occupied by street 
raiway rights of way, the entire width 
of all such rights of way shall coin- 
cide with the established grade here- 
inbefore described, and the surface of 
the said finished roadway at the sum- 
mit in the gutter between catch-basins 
and adjoining the roadway face of the 
curb and curb walls shall be four inches 
below said established grade, and the 
surface of the finished roadway at the 
catch-basin inlets in the .gutters adjoin- 
ing the roadway face of the curb and 
curb walls shall be ten inches below 
said established grade. 

The slope of the gutters adjoining 
the roadway face of said curb and said 
curb walls shall be uniform from the 
summits to the catch-basins, and a 
transverse section of ^aid finished road- 
way and said gutter flags, where the 
same is not occupied by street railway 
rights of way, shall be an arc of a 
circle passing through the said gutter ~ 
grades and the grade of the center of 
said finished roadway, and a transverse 
section of said finished roadway and 
said gutter flags where the same is 
occupied by street railway rights of 
way shall be an arc of a circle passing 



through the said gutter grades and the 
established grade of the street at each 
side of said street railway rights of 
way, at every part of said Emerald ave- 
nue and at every part of all intersect- 
ing streets between said points. 

The surface of the finished pavement 
in all intersecting alleys hereinbefore 
specified shall be four inches below the 
top of the curb on each side of said 
alley intersections, at the street line 
produced of said Emerald avenue and 
shall slope thence at a uniform grade to' 
its intersection with the gutter herein- 
before described. 

Upon the roadbed thus prepared be- 
tween said points and between said gut- 
ter flags shall be spread a layer of 
Portland cement concrete six inches in 
thickness. The cement to be used shall 
be so ground that ninety-two per cent 
will pass through a standard number 100 
sieve having 10,000 meshes per square 
inch. 

Briquettes made from a mortar com- 
posed of one part cement and three 
parts torpedo sand, exposed to the air 
for one day, and immersed in water 
for six days, shall develop an ultimate 
tensile strength of 200 pounds per square 
inch. 

One part cement which will stand 
the above test and comply with the 
above requirements, and three parts of 
torpedo sand shall be thoroughly mixed 
dry, and then made into a mortar with 
the least possible amount of water. 

Seven parts of the best quality of 
limestone, or other stone which shall be 
equal in quality for concrete purposes, 
of a size that will pass through a ring 
of two inches internal diameter and be 
held on a ring of one-half inch internal 
diameter, all of which stone shall be 
thoroughly cleaned, free from all for-' 
eign substances and drenched with 
water, shall then be incorporated im- 
mediately with the mortar; each batch 
of concrete shall be thoroughly mixed 
and at once spread upon the surface of 
said roadbed, and thoroughly compacted 



November 27, 



1599 



1905 



by ramming until free mortar appears 
on the surface. The surface of said, 
layer of concrete shall be parallel with 
and three and one-half inches below 
the top of the finished pavement. 

Upon the concrete foundation as above 
specified shall be laid a "binder" course, 
composed of broken limestone of a size 
known as '"small concrete" and asplial- 
tic cement. The stone shall be heated 
and thoroughly mixed with the asphal- 
tic cement in the proportion of fifteen 
gallons of asphaltic cement to one cubic 
yard of stone. This binder shall be 
spread on the base above described and, 
while in a hot and plastic condition, 
shall be rolled until it has' a uniform 
thickness of one and one-half inches. 
The upper surface shall be exactly paral- 
lel with and two inches below the fin- 
ished surface of the pavement. 

Upon this "binder" course shall be 
laid a wearing surface or pavement prop- 
er, which shall be composed of asphaltic 
cement seventeen parts, sand seventy- 
three parts and pulverized carbonate of 
lime ten parts. The sand and asphaltic 
cement shall be heated separately to a 
temperature of three hundred degrees 
Fahrenheit. The pulverized carbonate 
of lime shall he mixed with the sand and 
these ingredients then mixed with the 
asphaltic cement at the above tempera- 
ture in an apparatus which shall effect 
a perfect mixture. 

All asphaltum used in the making of 
the asphaltic cement for both the binder 
and the wearing surface shall be asphal- 
tum obtained from Pitch Lake in the 
Island of Trinidad, or asphaltum which 
shall be equal in quality for paving pur- 
poses to that obtained from Pitch Lake 
in the Island of Trinidad. 

The material for pavement, when 
mixed as above, shall be spread at a 
temperature of two hundred and fifty 
degrees Fa,hrenheit. It shall be care- 
fully spread by means of hot iron rakes 
in such manner as to give uniform and 
regular grade to such a depth, that after 
having received its ultimate compression, 
it will have a thickness of two inches. 



The entire surface of the roadway thus 
improved shall then be compressed by 
hand rollers, after which natural hy- 
draulic cement in the proportion of one 
barrel to each one thousand square yards 
of surface shall be swept over it, and 
the whole then thoroughly compressed 
by rolling with a steam roller of ten 
tons weight, the rolling being continued 
for five hours for each one thousand 
square yards, of surface. 

Five new catch basins shall be con- 
structed and connected, and trapped 
with the sewer in Emerald avenue and 
located in the roadway of said Emerald 
avenue at necessary points adjacent to 
the curb lines. Each of said catch basins 
shall be seven feet two inches deep, 
ineasuring from the top of the brick- 
work, and shall have an internal diam 
eter of four feet at the bottom and to 
a plane five feet above and parallel 
therewith. The walls of said catch- 
basins shall be eight inches thick and 
shall be built of two courses of sewer 
brick laid edgewise in perpendicular 
courses, except as hereinafter provided, 
upon a floor of pine plank two inches in 
thickness. The top of each of said catch 
basins shall decrease to two feet inter- 
nal diameter, being drawn in by means 
of nine header courses, the diameter be- 
ing decreased uniformly for each course. 

Each of said catch basins shall be con- 
nected with the sewer with vitrified tile 
pipe of nine inches internal diameter and 
shall be trapped with a half trap also of 
vitrified tile pipe of nine inches internal 
diameter. The connection with the sewer 
where said sewer is of brick shall be 
made in such a manner that the top 
of the nine inch pipe shall be at the 
elevation of the center of said sewer, 
and the connection with the sewer where 
said sewer is of vitrified tile pipe shall 
be made by means of a fifteen inches by 
nine inches "Y" branch where said sewer 
is of fifteen inches internal diameter, 
and by means of a twelve inches by nine 
inches "Y" branch where said sewer is 
of twelve inches internal diameter. The 
said trap of each of said catch-basins 



jSTovember 27, 



IGOO 



I'JO; 



shall be set so that the elevation of tbo 
bottom of the inside of the same shall 
be three feet six inches above the floor 
of the catch-basin. 

All brickwork and the joints of tlie 
vitrified tile pipe above referred to shall 
be laid in the best quality of natural 
hydraulic cement mortar, composed of 
one part natural hydraulic cement and 
two parts clean, sharp sand. 

Each of said catch basins shall be pro- 
vided with a cast-iron cover, with a pro- 
jecting lip to receive the water from the 
gutters, each of which covers shall weigh 
four hundred and seventy pounds and 
shall be of the same size and pattern 
as those used in new work by the City 
of Chicago during the year 1903. Each 
of said cast-iron covers shall be set so 
that the top of the same shall coincide 
with the finished surface of the pave- 
ment hereinbefore described. 

The nine-inch vitrified tile pipe speci- 
fied above shall be straight, smooth and 
sound, thoroughly burned, well glazed, 
and free from lumps and other imper- 
fections, and the standard of thickness 
shall be seven- eighths of an inch. 

That the several manholes and catch- 
basins located along the line of said im- 
provement shall be raised or lowered as 
may be necessary to make them conform 
to the finished roadway of said Emerald 
avenue as above specified. 

Said work to be done under the super- 
intendence of the Board of Local Im- 
provements of the said City of Chicago. 

Section 2. That the recommendation 
of the Board of Local Improvements of 
the City of Chicago, providing for said 
improvement, together with the estimate 
of the cost thereof made by the Engi- 
neer of said Board, both hereto attached, 
be and the same are hereby approved. 

Section 3. That said improvement 
shall be made and the whole cost thereof 
be paid for by special assessment in ac- 
cordance with. an Act of the General As- 
sembly of the State of Illinois, entitled, 
"An Act Concerning Local Improve- 



ments," approved June 14th, A. D. 1897, 
and the amendments thereto. 

Section 4. That the aggregate amount 
herein ordered to be assessed against the 
property, and also the assessment on 
each lot and parcel of land therein as- 
sessed shall be divided into five install- 
ments in the manner provided by the 
statute in such cases made and provided, 
and each of said installments shall bear 
interest at the rate of five per centum 
per annum according to law until paid. 

Section 5. And for the purpose of 
anticipating the collection of the in- 
stallments of said assessments for said 
improvement, bonds shall be issued pay- 
able out of said installments, bearing 
interest at the rate of five per centum 
per annum, payable annually, and signed 
by the Mayor and by the President of 
the Board of Local Improvements, coun- 
tersigned by the City Comptroller and 
attested by the City Clerk under the cor- 
porate seal of the City of Chicago. Said 
bonds shall be issued in accordance with 
and shall in all respects conform to the 
provisions of the Act of the General As- 
sembly of the State of Illinois, entitled, 
"An Act Concerning Local Improve- 
ments," approved June 14th, A. D. 1897, 
and the amendments thereto. 

Section 6. That the attorney of said 
Board be and he is hereby directed t« 
file a petition in the County Court of 
Cook County, Illinois, in the name of 
the City of Chicago, praying that steps 
may be taken to levy a special assess- 
ment for said improvement in accord- 
ance with the provisions of this ordi- 
nance and in the manner prescribed by 
law. 

Section 7. That all ordinances or 
parts of ordinances conflicting with this 
ordinance be and the same are hereby 
repealed. 

Section 8. This ordinance shall be in 
force from and after its passage. 

Which was referred to the Committee 
on Streets and Alleys. South Division. 



November 27, 



1601 



1905 



ALSO, 

A report and ordinance establishing the 
grades of sundry streets 

By unanimous consent the ordinance 
was put upon its passage and passed by 
yeas and nays as follows: 

Teas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fiek, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays — Conlon — 1. 

The Commissioner of Public Works 
submitted the following communication: 
Department of Public Works, ^ 
Chicago, 27th November, 1905. 
To the City Council of the City of Chi- 
cago: 

Gentlemen — I deem it necessary and 
advisable to lay water mains in the fol- 
lowing streets: 

Washington boulevard, from east line 
of Clark avenue to east line of Willow 
avenue; size 6-inch., probable cost includ- 
ing hydrants and basins, $1,350.00; pays 
10 cents. 

St. Louis avenue, from Van Buren 
street to Colorado avenue; size 6-inch.; 
probable cost, including hydrants and 
basins, $425.00; pays 26 cents. 

Hill street, from Orleans street to sec- 
ond alley east of Wells street; size 6- 
inch. to replace 4-inch., account of pav- 
ing; probable cost, including hydrants 
and basins, $1,598.00. 
Respectfully, 

Joseph M. Patterson, 
Commissioner of Public Works. 
By Wm. L. O'Connell, 
Deputy Commissioner. 



Aid. Hunter moved to concur in the 
recommendation and that the Commis- 
sioner of Public Works be authorized to 
lay water mains in accordance therewith. 

The motion prevailed by yeas and nays 
as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays— Conlon — 1. 



Special Assessment Improvement and 
Repealing Ordinances Submitted by 
the Board of Local Improvements; 
Also All Matters Presented by the 
Aldermen, Arranged as to Ward Num- 
bers, Beginning with the First Ward. 

FIRST WARD. 

Aid. Coughlin presented the claim of 
Chas. W. Brega for refund for overcharge 
for water used at 1241-1249 State street, 
which was 

Referred to the Committee on Finance. 



THIRD WARD 

Aid. Pringle presented an order- for 
resurfacing with asphalt 37th street, 
from Ellis avenue to Lake aveiiue, which 
was 

Referred to the Board of Local Im- 
provements. 

Aid. Foreman presented the following 
order : 

Ordered, That the Commissioner of 



I 



November 27, 



1602 



1905 



Public Works issue a permit to P. F. 
McCarthy & Co. to erect a vestibule 
storm door as per accompanying sketch. 
Permit to be revocable at the will of the 
city authorities. 

Which was on motion duly passed. 

Aid. Foreman presented the following 
order : 

Ordered, That the Commissioner of 
Public Works issue a permit to P. F. 
McCarthy & Co. to erect a glass (SQi^x 
72 inches) sign 'as per attached sketch. 
The permit to be revocable at the will of 
the city authorities. 

Which was on motion duly passed. 



FOURTH WARD. 

Aid. Richert presented the claim of 
James Burke for payment of wages, which 
was 

Referred to the Committee on Finance. 

Aid. Dailey presented the following 
order : 

Ordered^ That the Commissioner of 
Public Works be and he is hereby di- 
rected to require the Chicago General 
Electric Railway to put in repair its 
right of way between 22d and Throop 
streets and 39th and Morgan streets. 

Which was on motion duly passed. 



FIFTH WARD. 

Aid. McCormick presented an order to 
refund to property owner, special assess- 
ment paid for paving Hoyne avenue, be- 
tween 35th and 37th streets, which was 

Referred to the Board of Local Im- 
provements. 



SIXTH WARD. 

Aid. Young presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 



rected to issue a permit to W. Haster to 
erect a barber pole in front of premises 
known as 4104 Cottage G-rove avenue. 
Said barber pole shall be erected and 
maintained in accordance with all rules 
and regulations of the Department of 
Public Works. This privilege shall be 
subject to termination by the Mayor at 
any time in his discretion. 

Which was on motion duly passed. 



SEVENTH WARD. 

Aid. Bennett presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to enter into a con- 
tract, without advertising, for the pump- 
ing of sewer in Jackson Park avenue, 
south of 63d street, into the Seventy- 
third Street Sewer, at a price not to 
exceed $25.00 per day of twenty-four 
hours, said contract to be subject to 
termination at any time, upon notice 
by the Commissioner of Public Works. 

Which was on motion duly passed by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Tsfays — Conlon — 1. 

Aid. Bennett presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to issue a voucher 



November 27, 



1603 



1905 



in favor of Aultman and Taylor Ma- 
cliinery Company for extra labor in 
changing breeching at the Thirty-ninth 
Street Pumping Station, in the sum of 
$59.25, same to be paid from the appro- 
priation for Intercepting Sewers, in ac- 
cordance with his recommendation, un- 
der date of November 16, 1905, attached 
hereto. 

Which was on motion duly passed by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Pick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Piley, Maypole, 
Harkiu, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wiendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Naifs — Conlon — 1. 

Aid. Bennett presented the following 
order : 

Ordered, That the City Comptroller be 
and he is hereby authorized and directed 
to cause to be transferred five hundred 
($500) dollars. City Collector's office, 
from "Salaries A" to "Miscellaneous C," 
in accordance with the request of the City 
Collector attached hereto. 

Which was on motion duly passed. 

Aid. Bennett presented the following 
claims : 

Claim of Woodlawn Park Methodist 
Episcopal Church for rebate of water tax; 
claim of Francis Salter for damages to 
property at 65th street and Wentworth 
avenue; claim of The Catholic Bishop of 
Chicago for duplicate certificate, which 
were 

Referred to the Committee on Finance. 

The Board of Local Improvements sub- 



mitted a recommendation, ordinance and 
estimate for water service pipes in Ellis 
avenue, between 63d street and 67th 
street. 

By unanimous consent, on motion of 
Aid. Bennett, the ordinance was passed 
and the estimate therewith approved by 
3^eas and nays as follows: 

Yeas — Coughlin; Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays — Conlon — 1. 

ALSO, 

A recommendation, ordinance and esti- 
mate for water service pipes in Green- 
wood avenue, between 65th street and 
67th street. 

By unanimous consent, on motion of 
Aid. Bennett, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays — Conlon — 1. 



November 27, 



1604 



1905 



EIGHTH WARD. 

Aid. Jones presented the following 
order : 

Ordered, That the City Clerk be and he 
is hereby directed to cancel and return 
to the Semet-Solvay Company the bond 
filed by said company under the ordi- 
nance passed November 21, 1904, as said 
company has not accepted said ordinance 
or done any work thereunder. 

Which was on motion duly passed. 

Aid. Moynihan presented an order di- 
recting the Commissioner of Buildings to 
issue permit to S. Lederer & Co. to re- 
model building at 91st street and Com- 
mercial avenue, which was 

Referred to the Committee on Building 
Department. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for a cinder sidewalk on both 
sides of Avenue "H," from 97th street to 
98th street. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fiek, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoeh, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

l<lays — Conlon — 1. 

ALSO, 

A recomm^endation, ordinance and esti- 
mate for a cinder sidewalk on both sides 
of Avenue "M," from 95th street to 105th 
street. 



By unanimous consent, on motion of 
Aid. Moynihan, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell^ 
Badenoeh, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 63. 

'Nays — Conlon — 1. 

ALSO, 

A recommendation, ordinance and esti- 
mate for a cinder sidewalk on both sides 
of 83d street, from Palmer avenue to 
Saginaw avenue. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as folloAvs : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, CullertoD, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st v/ard), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoeh, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

ISiays — Conlon — 1 . 

ALSO, 

A recommendation, ordinance and esti- 
mate for a cinder sidewalk on both sides 
of 84th street, from Baltimore avenue to 
438.14 feet west of Baltimore avenue. 



November 27, 



1605 



1905 



By unanimous consent, on motion of 
Aid. Moynihan, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

yg(j^_Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Kichert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
{21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendlino-, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
'Nays — C onion — 1. 

ALSO, 

A recommendation, ordinance and esti- 
mate for a cinder sidewalk on both sides 
of 85th street, from Sherman avenue to 
Colfax avenue. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed and 
the estimate therewith approved by yeas 
and nays as follows : 

Yg(^_Coughlin, Kenna, Dixon, Hard- 
ino-, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Yoimg, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dou^erty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
Avard) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
IN ays — Conlon — 1. 



A recommendation, ordinance and esti- 
mate for a cinder sidewalk on both sides 



of 86th street, from Kingston avenue to 
Marquette avenue. 

By unanimous consent, on motion of 
Aid. Moynihan, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick ' 
(21st ward), Reese, Dougherty, Sulliva,n, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — C onl on — 1 . 

ALSO, 

A recommendation, ordinance and esti- 
mate for a cinder sidewalk on both sides 
of South Chicago avenue, from 79th 
street to 83d street. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed 
and the estimate therewith app^-oved by 
yeas and nays as follows: 

Yeas— Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — Conlon — 1 . 

ALSO, 

A recommendation, ordinance and esti- 



Xovember 27. 



1606 



1905 



mate for a plank sidewalk on both sides 
of Buffalo avenue, from 87th street to 
92d street. 

By unanimous consent, on motion of 
Aid. Moynihan, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringie, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Kiley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Eyan, Powers, Finn, Stewart, McCormick 
(21st ward), Keese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmjdt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays — Conlon — 1. 



NINTH WARD. 

Aid. Fick presented an order request- 
ing the Board of Education to build a IG- 
room addition, etc., to the Garfield School, 
which was 

Referred to the Committee on Schools. 

Aid. Harris presented an order direct- 
ing the Corporation Counsel to prepare 
an ordinance prohibiting football until 
regulated, etc., which was 

Referred to the Committee on Health 
Department. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for a cinder sidewalk on both 
sides of West 18th street, from Blue 
Island avenue to South Halsted street. 

By unanimous consent, on motion of 
Aid. Fick, the ordinance was passed and 
the estimate therewith approved by yeas 
and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringie, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 



Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — Conlon — 1. 



ELEVENTH WARD. 

Aid. Cullerton presented the follow- 
ing resolution: 

Wheeeas, The Chicago City Railway 
Company has submitted an offer of com- 
pensation to the Committee on Local 
Transportation, which aggregates for the 
period of twenty years the payment of 
$14,400,000.00 cash to the city; and, 

Whereas, Upon the same basis it is 
safe to estimate that the North and 
West Chicago Roads would pay sufficient 
to increase that sum to $30,000,000.00, 
and these payments made yearly with 
an approximate of $1,500,000.00 a year; 
and. 

Whereas, If said fund was from year 
to year invested by the city at 3% per 
annum and kept separate and apart from 
all other funds during said twenty years, 
the total at the end of said twenty years 
would amount to $40,303,555.60, and 
thus create a fund sufficient to pay for 
the tangible property of Street Car Com- 
panies, their franchises having expired 
at the end of that period; and. 

Whereas, The creation of such a 
fund would relieve the city from all 
embarrassment concerning the value of 
Mueller certificates, and place it in . a 
position to acquire said properties with- 
out imposing any additional burden 
upon the tax-payers. This is shown by 
the following table representing the 
yearly compensation and its increase 
from year to year when compoimded: 



November 27, 



1607 



1905 



End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 
End of 



Compensation. 

1st year $ 1,500,000.00 

2nd year 1,500,000.00 

3rd year 1,500,000.00 

4tli year 1,500,000.00 

5th year 1,500,000.00 

6th year 1,500,000.00 

7th year 1,500,000.00 

Sth year 1,500,000.00 

9th year. . .-. . 1,500,000.00 

10th year 1,500,000.00 

11th year 1,500,000.00 

12th year 1,500,000.00 

13th year 1,500,000.00 

14th year 1,500,000.00 

15th year 1,500,000.00 

16th year 1,500,000.00 

17th year 1,500,000.00 

18th year 1,500.000.00 

19th year 1,500,000.00 

20th year 1,500,000.00 



Interest, 3%. 



45,000.00 
91,350.00 
139,090.50 
188,263.22 
238,911.11 
291,078.44 
344,810.80 
400,155.12 
457,159.78 
515,874.57 
576,350.81 
638,641.33 
702,790.57 
768,884.29 
836,950.82 
907,059.34 
979,271.12 
1,053,649.25 
1,128,264.73 



Total. 

1,500,000.00 
1,545,000.00 
1,591,350.00 
1,639,090.50 
1,688,263,22 
1,738,911.11 
1,791,078.44 
1,844,810.80 
1,900,155.12 
1,957,159.78 
2,015,874.57 
2,076,350.81 
2,138,641.33 
2,202,790.57 
2,268,884.29 
2,336,950.82 
2,407,059.34 
2,479,271.12 
2,553,649.25 
2,628,264.73 



Total Fund 

at End of 

Each Year. 

$ 1,500,000.00 

3,045,000.00 

4,636,350.00 

6,275,440.50 

7,963,703.72 

9,702,614.83 

11,493,693.27 

13,338,504.07 

15,238,659.19 

17,195,818.97 

19,211,693.54 

21,288,044.35 

23,426,685.68 

25,629,476.25 

27,898,360.54 

- 30,235,311.36 

32,642,370.70 

35,121,641.82 

37,675,291.07 

40,303,555.80 



$30,000,000.00 $10,303,555.80 $40,303,555.80 



Therefot'e, Resolved, That the Corpor- 
ation Counsel be and he is hereby in- 
structed to prepare and submit to this 
Council a draft of an ordinance author- 
izing and directing the Comptroller in 
the event of the passage of an ordinance 
or ordinances granting franchises or ex- 
tensions thereof to said Street Kailway 
Companies to deposit and maintain in 
a separate fund all moneys derived from 
compensation under said ordinances. 

Further, That such fund be by the 
proper authorities from time to time in- 
vested as permitted and provided by law 
and from year to year during said period, 
be compounded by reinvestment of its 
income, the same to constitute a fund 
at the end of such period of twenty 
years, or at the end of any term there- 
of, for the acquirement by the city of 
said railway properties. 

Which was ordered published and de- 
ferred for one week. 



THIRTEENTH WARD. 

Aid. Riley presented an order for a 
permit to Henry Flischman to build shed 
at 1975 Fillmore street, which was 

Referred to the Committee on Build- 
ing Department. 

Aid. Riley presented the claim of E. J. 
Coen for damages to property on account 
of track elevation, which was 

Referred to the Committee on Finance. 

The Board of Improvements submitted 
a recommendation, ordinance and esti- 
mate for a cinder sidewalk on the west 
side of South Central avenue, from West 
Adams street to West 12th street. 

By unanimous consent, on motion of 
Aid. Considine, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (Sth ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 



November 27, 



1608 



1905 



Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Hiley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormiek 
(21st ward), Eeese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
'Nays — C onion — 1 . 



FIFTEENTH WARD. 

Aid. Beilfuss presented the claim of 
Frank Rust for damages on account of 
track elevation, which was 

Referred to the Committee on Finance. 

Aid. Smith presented orders for the 
reconstruction of the sewer in Artesian 
avenue, from Hirsch street to North 
avenue. 

For the reconstruction of the sewer in 
Campbell avenue, from Hirsch street to 
North avenue, which were 

Referred to the Board of Local Im- 
provements. 



SEVENTEENTH WARD. 

Aid. Dever presented the following 
resolution : 

Whereas, The City Council is desirous 
of obtaining an accurate and conclusive 
expression of the people in the manner 
provided by law, and with the least 
possible delay for the settlement of the 
Chicago street railway question; there- 
fore. 

Resolved, That it is the sense of this 
Council that the procedure in dealing 
with any ordinance or ordinances for the 
settlement of the Chicago street railway 
question shall be as follows: 

First — The ordinance or ordinances 
providing for granting a franchise to 
any street railway company shall be 
framed up for passage and voted on in 



committee of the whole without final 
action upon the passage of such ordi- 
nance or ordinances by the City Council. 

Thereupon such ordinance or ordi- 
nances as shall receive a majority of the 
votes when so voted on by roll call in 
the Committee of the Whole shall be 
published and the City Council shall 
take steps to have the question whether 
it or they shall be passed by the City 
Council placed on the ballot to be voted 
on by the people. 

The form of the proposition or propo- 
sitions to be placed on the ballot shall 
be formulated by the Committee on Lo- 
cal Transportation and approved by the 
City Council. 

Second — The City Council shall pro- 
ceed to take the yeas and nays upon the 
passage of an ordinance introduced into 
the City Council November 13th, 1905, 
entitled "An ordinance authorizing the 
City of Chicago to construct, acquire, 
purchase, own and maintain street rail- 
ways within its corporate limits and 
providing the means thereof." The City 
Council shall thereupon submit the ques- 
tion of the adoption of the said ordi- 
nance of the City Council making pro- 
vision for the issue of such street rail- 
way certificates, to a popular vote, for 
the approval of a majority of the quali- 
fied voters of the city voting upon such 
question. 

Third — The City Council shall proceed 
to take the yeas and nays upon the 
passage of an ordinance introduced into 
the City Council November 13th, 1905, 
providing for the submission to the elec- 
tors of the City of Chicago the propo- 
sition to operate street railways. That 
thereupon the City Council shall submit 
said ordinance to the electors for their 
approval, according to the requirements 
of the statutes of Illinois. 

The City Council pledges itself not to 
pass any ordinance or ordinances that 
shall not receive a majority of the votes 
cast by the people upon the proposition 
or propositions. Provided, however, that 
before any such ordinance granting a 



November 27, 



1609 



1905 



franchise to a street railway company 
is submitted to the people for their ap- 
proval or disapproval, it and all ordi- 
nances purporting to grant franchises, 
proposed on or about the same time, 
shall first be submitted to the grantees 
named in such ordinances for the pur- 
pose of ascertaining whether or not said 
grantees will accept such ordinances if 
favorably acted on by the people. The 
answer of said grantees to be made in 
writing within a time certain. Only 
one proposition shall be submitted to 
the voters on any ordinance that may 
be recommended for passage to the City 
Council by the Committee on Local 
Transportation, and the City Council 
hereby pledges itself not to recommend 
the submission under the Public Policy 
law of any proposition or propositions 
other than those herein provided for. 

Aid, Dever moved to adopt the resolu- 
tion. 

Aid. Foreman moved that the resolu- 
tion be published and deferred one week. 

The motion prevailed. 

Aid. Raymer moved that the City 
Clerk be directed to furnish the Com- 
mittee on Local Transportation with 
copies of the resolution by 10 o'clock 
Tuesday. 

The motion prevailed. 



EIGHTEENTH WARD. 

Aid. Conlon presented the following 
order : 

Ordered, That the City Comptroller 
be and he is hereby directed to pay the 
employees in the meter department of 
the city before Thanksgiving day. 

Which was on motion duly passed. 



Buildings be and he is hereby directed to 
allow Tony and Frank Scalaro to build 
a one- story brick addition under build- 
ing 201 Aberdeen street, provided one 
foot from the north side of lot is left 
vacant. 

Which was on motion duly passed. 



TWENTY-FIRST WARD. 

Aid. McCormick presented the follow- 
ing order: 

Ordered, That the Corporation Counsel 
be and he is hereby directed to send to 
the City Council at its next meeting a 
list of all employees of his office since 
April 13, 1905, whether regular or spe- 
cial, the work done by each and the 
sums paid and owing to each. 

Which was on motion duly passed. 



TWENTY-SECOND WARD. 

Aid, Dougherty presented an order 
directing the Comptroller to draw vouch- 
ers for payment of claim of J. P. Dough- 
erty for salary, which was , 

Referred to the Committee on Finance. 



NINETEENTH WARD. 

Aid. Powers presented the following 
order : 

Ordered, That the Commissioner of 



TWENTY-FOURTH WARD. 

Aid. Hahne presented the following or- 
der: 

Ordered, That the City Electrician be 
and he is hereby directed to erect electric 
lights at the following streets: Belmont 
avenue, Western avenue to river; 
Fletcher street, Oakley avenue to Hoyne 
avenue; Noble avenue, Oakley avenue to 
Hoyne avenue; Wellington street, Oak- 
ley avenue to Robey street; Leavitt 
street, Oakdale avenue north of Well- 
ington street; Hoyne avenue, Oakdale 
avenue north of Wellington street; See- 
ley avenue and George street; Nelson 
street and Oakley avenue. 

Which was on motion duly passed. 



November 27, 



1610 



190J 



Aid. Sclimidt presented the following 
order : 

Ordered, That the Board of Local Im- 
provements be and they are hereby di- 
rected to prepare and submit to this 
Council an ordinance for cement side- 
walk on Halsted street from Center 
street to Fullerton avenue; Belden ave- 
nue, from north Halsted street to High 
street; Fremont street, from Belden ave- 
nue to Center street; Bissell street, from 
Belden avenue to Center street; Sheffield 
avenue, from Fullerton avenue to Cen- 
ter street; Osgood street, from Fuller- 
ton avenue to Center street; Seminary 
avenue, from Fullerton avenue to Cen- 
ter street; Clifton avenue, from Fuller- 
ton aA^enue to Center street; Eacine ave- 
nue, from Belmont avenue to Center 
street, which was 

Referred to the Board of Local Iva- 
provements. 



TWENTY-FIFTH WARD. 

Aid. Williston presented an ordinance 
amending an ordinance creating a local 
option district bounded by Byron street, 
Lake Michigan, Diversey and Evanston 
avenues, which was 

Referred to the Committee on License. 

Aid. Williston presented an order for 
paving with macadam Southport avenue, 
from Balmoral to Bryn Mawr avenues, 
which was 

Referred to the Board of Local Im- 
provements. 



TWENTY-SIXTH WARD. 

Aid. Reinberg presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and is hereby direct- 
ed to report to this Council by what 
authority, if any, the Rogers Park Water 
Company is extending its mains to 
points outside the limits of the village 
of Rogers Park, and by what authority 



said company is charging more than city 
rates for water supplied to persons out- 
side the limits of said village. 

Which was on motion duly passed. 



TWENTY-SEVENTH WARD. 

Aid. Siewert presented the following 
order : 

Ordered, That the City Electrician be 
and he is hereby directed to erect a fire 
alarm box corner Belmont and Central 
Park avenues. 

Which was on motion duly passed. 

Aid. Siewert presented the following 
ordinance : 
Be it ordained by the City Gotmcil of the 

City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to Alfred Kinell, his successors 
and assigns, to construct and maintain 
a hole for a trap door Sy^ feet by 41/2 
feet, with iron cover for same, in the 
sidewalk space in front of southwest 
corner Armitage and 43d avenues, to be 
constructed according to plans approved 
by the Commissioner of Public Works 
of the City of Chicago, and to be filed 
in his office; the said hole and door 
shall be constructed in a safe and work- 
manlike manner under the supervision 
and to the satisfaction of the Commis- 
sioner of Public Works. 

Section 2. The permission and au- 
thority hereby granted shall cease and 
determine ten (10) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
cretion of the Mayor. In ease of the 
termination of the privileges herein 
granted by lapse of time, or by the ex- 
ercise of the Mayor's discretion, as 
aforesaid, said grantee, his successors 
and assigns, shall restore said portion 
of the sidewalk at the place where said 
hole and door are located to a condition 
satisfactory to the Commissioner of Pub- 
lic Works without cost or expense of 



November 27, 



1611 



1905 



any kind whatsoever to said City of 
Chicago, so that the portion of said 
sidewalk where said hole and door had 
been located shall be put in the same 
condition, safe for public travel, as the 
other parts of said sidewalk in the same 
block. 

Section 3.. No work shall be done un- 
der the authority of this ordinance until 
a permit authorizing the same shall have 
been issued by the Commissioner of Pub- 
lic Works, and no permit shall issue un- 
til the grantee herein shall execute to 
the City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
dollars, with sureties to be approved 
by the Mayor,, conditioned to indemnify, 
save and keep harmless the City of Chi- 
cago from any and all liability, cost, 
damage or expense of any kind whatso- 
ever which may be suffered by it, said 
City of Chicago, or which it may be put 
to, or which may accrue against, be 
charged to or recovered from said city 
from or by reason of the passage of this 
ordinance or from or by reason of any 
act or thing done under or by authority 
of the permission herein granted; and 
conditioned further to observe and per- 
form all and singular the conditions and 
provisions of this ordinance. Said bond 
and the liability thereon shall be kept 
in force throughout the life of this or- 
dinance, and if at any time during the 
life of this ordinance such bond shall 
not be in full force, then the privileges 
herein granted shall thereupon cease. 

Section 4. During the life of this 
ordinance said grantee, his successors 
and assigns, shall at all times keep the 
sidewalk in which such hole and door 
are located in a condition satisfactory 
to the Commissioner of Public Works. 

Section 5. The permission and au- 
thority herein granted are upon the ex- 
press condition that said grantee, his 
successors and assigns, shall comply 
with all general ordinances of the City 
of Chicago now or hereafter in force, 
pertaining to and regulating the use of 
space underneath public sidewalks, and 



if compensation is required by any such 
ordinance to be paid to the City of Chi- 
cago for such use, the grantee herein, 
his succesors and assigns, shall pay such 
compensation as is prescribed by any 
such ordinance. 

Section 6. This ordinance shall take 
effect and be in force from and after its 
passage and upon the filing within thirty 
(30) days of an acceptance, in writing, 
of this ordinance by said grantee, and 
the filing within the same time of the 
bond herein provided for. 

Which was on" motion duly passed by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Pick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Eiley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Naijs — Conlon — 1. 

Aid. Butler presented the following 
ordinance : 

Be it ordained by the City Council of the 

City of Chicago : 

Section 1. That the name of the 
street running north and south from 
Devon avenue to Pratt boulevard, be- 
tween Southport avenue and Perry 
street, be known hereafter as Newgard 
avenue, same having heretofore been 
called Newgart avenue by mistake. 

Section 2. This ordinance shall be in 
force and effect on and after is passage. 

Which was on motion duly passed by 
yeas and nays as follows: 

Yeas — ^Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter^ 



November 27, 



1613 



1905 



Young, Bennett, Jones, Moynihan, Tick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, C'onsidine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, ]MeOormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Isiays — Conlon — 1. 

Aid. Butler presented a petition for 
paving the following system of streets: 

West Cuyler avenue, from Western 
avenue to Campbell avenue; West Belle 
Plaine avenue, from Western avenue to 
Campbell avenue; West Berteau avenue, 
from Western avenue to Campbell ave- 
nue; West Aubert avenue, from Western 
avenue to Campbell avenue; West Cul- 
lom avenue, from Western avenue to 
Campbell avenue; West Pensacola ave- 
nue, from Western avenue to Chicago 
River; Campbell avenue, from Irving 
Park to Montrose avenue. 

Which was referred to the Board of 
Local Improvements. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for opening North 54th avenue, 
from West Lawrence avenue to Higgins 
avenue. 

By unanimous consent, on motion of 
Aid. Butler the -ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, C'onsidine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 



Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
ISiays — Conlon — 1. 

ALSO, 

A recommendation, ordinance and es- 
timate for a cinder sidewalk on both 
sides of West Ainslie street, from North 
California avenue to Lincoln avenue. 

By unanimous consent, on motion of 
Aid. Siewert the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, C'onsidine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

iSlays — Conlon— 1. 

ALSO, 

A recommendation, ordinance and esti- 
mate for a cinder sidewalk on both sides 
of North 42d avenue, from West Addi- 
son street to West Belmont avenue. 

By unanimous consent, on motion of 
Aid. Butler, the ordinance was passed 
and the estimate therewith approved 
by yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton,, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 



November 27, 



1613 



1905 



Weiidling, Bradley, Roberts, O'Coiiuell, 
Badenocli, Eidmann, Bihl, Hunt, Buxton, 
Koliout, Hunter, Bace — 03. 
Nays — Conlon — 1. 

ALSO, 

A recommendation, ordinance and es- 
timate for a cinder sidewalk on a system 
of streets as follows, to-wit: South 
side of West Montrose avenue, from 
North California avenue to North Ked- 
zie avenue, etc. 

By unanimous consent, on motion of 
Aid. Siewert, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Biley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siew^ert, Raymcr, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Ivohout, Hunter, Race — 63. 
Nays — Conlon — 1. 



A recommendation, ordinance and es- 
timate for a cinder sidewalk on a sys- 
tem of streets as follows, to-wit: South 
side of Schubert avenue, from North 72d 
avenue to North 70th avenue, etc. 

By unanimous consent, on motion of 
Aid. Butler, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Teas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 



(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 03. 
Nays — Conlon — 1 . 



TWENTY-EIGHTH WARD. 

Aid. Larson presented the following 
order : 

Ordered, That the City Electrician be 
and he is hereby directed to issue a per- 
mit to J. C. Smith to string three No. 
0.80 hard drawn copper wires from rear 
of premises 174 Wilmoth avenue 250 
feet southwest across alley to the prem- 
ises of Sarah W. Smith, 1488 Milwaukee 
avenue, to be used as private telephone 
wires. The wires to be erected and main- 
tained in accordance with all rules and 
regulations of the Department of Public 
Works, and the privilege shall be sub- 
ject to revocation at any time by the 
Mayor in his discretion. 

Which was on motion duly passed. 

Aid. Larson presented an order for 
paving with asphalt West North avenue, 
from California to Central Park avenues, 
which was 

Referred to the Board of Local Im- 
provements. 



TWENTY-NINTH WARD. 

Aid. Wendling presented the following 
ordinance : 
Be it ordained hy the City Council of the 

City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to William C. Krauter, his suc- 
cessors and assigns, to construct and 
maintain two openings (5 feet by 6 
feet and 4 feet by 2% feet), with iron 
covers for same, in the sidewalk space 
on the Paulina street side of the build- 



November 27, 



1614 



1905 



ing located at the southeast corner of 
51st and Paulina streets, and known as 
1759 West 51st street, to be constructed 
according to plans approved by the Com- 
missioner of Public Works of the City 
of Chicago, and to be filed in his office; 
the said openings shall be constructed 
in a safe and workmanlike manner un- 
der the supervision and to the satisfac- 
tion of the Commissioner of Public 
Works. 

Section 2. The permission and -au- 
thority hereby granted shall cease and 
determine ten ( 10 ) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
cretion of the Mayor. In case of the 
termination of the privileges herein 
granted by lapse of time, or by the ex- 
ercise of the Mayor's discretion, as 
aforesaid, said grantee, his successors 
and assigns, shall restore said portion 
of the sidewalk at the place where said 
openings are located to a condition sat- 
isfactory to the Commissioner of Public 
Works without cost or expense of any 
kind whatsoever to said City of Chicago, 
so that the portion of said sidewalk 
where said openings had been located 
shall be put in the same condition, safe 
for public travel, as the oiher parts of 
said sidewalk in the same block. 

Section 3. No work shall be done un- 
der the authority of this ordinance until 
a permit authorizing the same shall have 
been issued by the Commissioner of Pub- 
lic Works, and no permit shall issue un- 
til the grantee herein shall execute to 
the City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
dollars ($10,000), with sureties to be 
approved by the Mayor, conditioned to 
indemnify, save and keep harmless the 
City of Chicago from any and all lia- 
bility, cost, damage or expense of any 
kind whatsoever which may be suffered 
by it, said City of Chicago, or which it 
may be put to, or which may accrue 
against, be charged to or recovered from 
said city from or by reason of the pas- 
sage of this ordinance, or from or bv rea- 



son of any act or thing done under or 
by authority of the permission herein 
granted; and conditioned further to ob- 
serve and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability there- 
on shall be kept in force throughout the 
life of this ordinance, and if at any time 
during the life of this ordinance such 
bond shall not be in full force, then the 
privileges herein granted shall thereupon 
cease. 

Section 4. During the life of this or- 
dinance said grantee, his successors and 
assigns, shall at all times keep the side- 
walk in which such openings are lo- 
cated in a condition satisfactory to the 
Commissioner of Public Works. 

Section 5. The permission and au- 
thority herein granted are upon the ex- 
press condition that said grantee, his 
successors and assigns, shall comply with 
all general ordinances of the City of Chi- 
cago now or hereafter in force, pertain- 
ing to and regulating the use of space 
underneath public sidewalks, and if com- 
pensation is required by any such ordi- 
nance to be paid to the City of Chicago 
for such use, the grantee herein, his suc- 
cessors and assigns, shall pay such com- 
pensation as is prescribed by any such 
ordinance. 

Section 6. This ordinance shall take 
effect and be in force from and after its 
passage and upon the filing within thirty 
(30) days of an acceptance, in writing, 
of this ordinance by said grantee, and 
the filing within the same time of the 
bond provided for. 

Which was on motion duly passed by 
yeas and nays as follows: 

YecLS — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dail^y, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Pick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole,^ 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward). Reese. Dougherty, Sullivan, 



Xovember 37, 



161; 



1905 



Schmidt (23d ward), Schmidt (21tli 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 63. 
Is ays — Conlon — 1. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for a cinder sidewalk on both 
sides of South Ridgeway avenue, from 
West 51st street to West 53d street. 

By unanimous consent, on motion of 
Aid. Wendling, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pr ingle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenocli, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

'Nays — Conlon — 1. 



THIRTY-FIRST WARD. 

Aid. O'Connell presented an ordinance 
in favor of the Wabash Railroad Com- 
pany for a switch track across Western 
avenue, which was 

Referred to the Committee on Streets 
and Alleys, South Division. 

Aid. O'Connell presented the following 
order : 

Ordered, That the City Electrician be 
and he is hereby directed to erect, place 
and maintain electric lights in compli- 
ance with accompanying petition. 

Which was on motion duly passed. 



The Board of Local Improvements sub- 
mited a recommendation, ordinance and 
estimate for water service pipes in 
Loomis street, between West 65th street 
and West 67th street. 

By unanimous consent, on motion of 
Aid. Roberts, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(2ist ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

l>Iays — Conlon — 1. 

ALSO, 

A recommendation, ordinance and es- 
timate for water service pipes in South 
Marshfield avenue, between West 67th 
street and West 69th street. 

By unanimous consent, on motion of 
Aid. O'Connell, the ordinance was passed 
and the estimate therewith approved 
by yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

ISlays — Conlon — 1. 



November 27, 



1616 



1905 



The Board of Local Improvements sub- 
mitted the following ordinance: 

AN ORDINANCE 

Repealing a supplemental ordinance for 
the improvement of Bishop street, 
from Garfield boulevard to West 59th 
street, in the City of Chicago, County 
of Cook and State of Illinois. 
Be it ordained ty the City Council of the 
City of Chicago : 

Section 1. That the ordinance en- 
titled '-'A supplemental ordinance for the 
improvement of Bishop street, from Gar- 
field boulevard to West 59th street," 
passed July 11, 1904, be and the same is 
hereby repealed. 

Section 2. That the attorney for the 
Board of Local Improvements be and he 
is hereby directed to dismiss the peti- 
tion in said case under Docket No. 29399 
of the County Court of said County. 

Section 3. This ordinance shall be in 
force from and after its passage. 

Which was on motion duly passed by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon^ Hard- 
ing, Pringle, Foreman, Eiehert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick; 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
ISlays — Conlon — 1. 



THIRTY-SECOND WARD. 

Aid. Eidmann presented an order for 
paving with macadam West 66th place, 
between Stewart and Normal avenues, 
which was 

Referred to the Board of Local Im- 
provements. 



The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for water service pipes in South 
Carpenter street, between West 71st 
street and West 73d street. 

By unanimous consent, on motion of 
Aid. Badenoch, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

'Nays — Conlon — 1 . 

ALSO, 

A recommendation, ordinance and es- 
timate for a cinder sidewalk on both 
sides of South Carpenter street, from 
West 89th street to West 91st street. 

By unanimous consent, on motion of 
Aid. Eidmann, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimm.er, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward ) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 63. 

'Nays—Qonlon — 1. 



November 27, 



1617 



1905 



THIRTY-THIRD WARD. 

Aid. Hunt presented the claim of J. A. 
LeRoy for rebate of saloon license, which 
was 

Referred to the Committee on Finance. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for a cinder sidewalk on both 
sides of Butler street, from West 123d 
street to West 124th street. 

By unanimous consent, on motion of 
Aid. Bihl, the ordinance was passed and 
the estimate therewith approved by yeas 
and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ino-, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schinidt (23d ward), Schmidt (24th 
ward), Hahne, Williston Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 63. 

Nays — Conlon — 1. 

ALSO, 

A recommendation, ordinance and es- 
timate for a cinder sidewalk on both 
sides of South Peoria street, from West 
120th street to West 123d street. 

By unanimous consent, on motion of 
Aid. Hunt, the ordinance was passed and 
the estimate therewith approved by yeas 
and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ino-, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir. Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 



ward ) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — Conlon — 1. 

ALSO, 
A recommendation, ordinance and es- 
timate for a cinder sidewalk on a sys- 
tem of streets as follows, to-wit: On 
the south side of 75th street, from Cot- 
tage Grove avenue to Woodlawn avenue, 
etc. 

By unanimous consent, on motion of 
Aid. Bihl, the ordinance was passed and 
the estimate therewith approved by yeas 
and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — Conlon — 1. 



THIRTY-FOURTH WARD. 

Aid. Kohout presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue a permit to P. J. McNulty 
to lay 120 6-inch sewer stubs in 20th 
street, 21st street, 21st place and 22d 
street, from 41st avenue to 42d avenue, 
on payment of one fee of $5.00 and the 
actual cost of inspection, the regtflar 
fee for each sewer stub to be paid when 
the same is extended. All work shall be 
done under the supervision of and in ac- 



November 27, 



1618 



1905 



cordance with all rules and regulations 
of the Department of Public Works. 
Which was on motion duly passed. 



THIRTY-FIFTH WARD. 

Aid. Hunter presented an ordinance 
amending- Sections 1379 and 1381 of the 
Revised Municipal Code of 1905 in re. 
licensing lumber yards, which was 

Referred to the Committee on License. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for a cinder sidewalk on a sys- 
tem of streets as follows, to-wit: On 
the south side of West Division street, 
from North Prairie avenue to North 
Austin avenue. 

By unanimous consent, on motion of 
Aid. Hunter, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
MeCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, MeCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Llpps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63, 

'Nays — Conlon — 1 . 



REPORTS OF VARIOUS COMMITTEES 
TO THE COUNCIL. 

FINANCE. 

The Committee on Finance, to whom 
was referred claim of G. Lasher & Sons 
for rebate of water tax, submitted a re- 
port recommending the passage of an 
accompanying order. 



Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council AssemUed: 

Your Committee on Finance, to whom 
was referred claim of G. Lasher & Sons, 
for rebate of water tax at 1637 Indiana 
avenue, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following or- 
der: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to issue a voucher 
in favor of G. Lasher & Sons in the sum 
of five and twenty-five one-hundredths 
dollars ($5.25), same to be in full for 
claim of rebate of water tax paid at 
1637 Indiana avenue, and the Comptrol- 
ler is ordered to pay the same. 

Frank I. Bennett, 

Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred claim of James J. Renn for pay- 
ment of shortage, under Warrant 33173, 
submitted a report recommending the 
passage of an accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 27, 1905. 
To the 31 ay or and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred claim of James E. Renn, 
for payment of shortage under Warrant 
33173, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following order: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to allow a reduc- 
tion on bill for water taps laid under 



November 27, 



1619 



1905 



Special Assessment Warrant 33173 in 
the sum of $50.00, being the amount of 
shortage in said warrant. 

This action is taken in accordance 
with the report of the Commissioner of 
Public Works, showing said amount of 
fifty dollars ($50.00) to be due the con- 
tractor, James J, Renn. 

Frank I. Bennett, 
Chairman. 

ALSOj 

The same Committee, to whom was 
referred petition of Arnold Heap for 
quit-claim deed, submitted a report rec- 
ommending the passage of an accom- 
panying order. 

Aid. Bennett moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Council Assembled: 
Your Committee on Finance, to whom 
was referred petition of Arnold Heap, 
for quit- claim deed, having had the same 
under advisement, beg leave to report 
and recommend the passage of the fol- 
lowing order : 

Ordered, That the Mayor and the City 
Clerk be and they are hereby authorized 
and directed to issue quit- claim deed 
of and to the city's interest in Lot 46, 
Block 38, Canal Trustees' Sub., Section 
7-39-14, acquired under tax sales for 
non-payment of special assessments, 
leAded under Warrants 25555 and the 3d, 
4th and 5th installments of Warrant 
23925, said quit-claim deed to be issued 
to the owner of the fee of said property 
upon payment to the city the amount 
of forty-nine and seventy-four one-hun- 
dredths dollars ($49.74). 

Frank I. Bennett, 
Chairman. 



The same Committee, to whom was re- 



ferred claim of Patrick Fedigan for per- 
sonal injuries, submitted a report recom- 
mending the passage of an accompanying 
order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom . 
was referred claim of Patrick Fedigan, 
for personal injuries sustained while in 
the employ of the city, having had the 
same under advisement, beg leave to re- 
port and recommend the passage of the 
following order: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to issue a voucher 
in favor of Patrick Fedigan in the sum 
of nineteen and twenty-five one-hun- 
dredths dollars ($19.25), same to be in 
full of claim for personal injuries sus- 
tained while employed as a laborer at 
the Thirty-ninth Street Pumping Sta- 
tion, in accordance with waiver attached 
hereto, and the Comptroller is ordered to 
pay the same from the appropriation 
for intercepting sewers. 

This action is taken upon the recom- 
mendation of the Commissioner of Pub- 
lic Works, under date of November 16, 
1905, attached hereto. 

Frank I. Bennett, 
Chairman. 

ALSOj 

The same Committee, to w^hom was re- 
ferred bids for purchase of site for en- 
gine house in the vicinity of Harrison 
street and 48th avenue, submitted a re- 
port recommending the passage of an 
accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 

The 'motion prevailed. 



November 27, 



1620 



1905 



The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 

of Chicago m Council Assembled: 

Your Committee on Finance, to whom 
was referred bids for purchase of site 
for engine house in the vicinity of Har- 
rison street and 48th avenue, having 
had the same under advisement, beg 
leave to report and recommend the 
passage of the following order: 

Ordered, That the City Comptroller be 
and he is hereby authorized and directed 
to purchase two lots 50x125 feet, lo- 
cated at the northeast corner of 47th 
avenue and Lexington street, and fur- 
ther known as Lots 164 and 165, in Blocks 
1 to 4, in Purington & Scranton's Sub., 
Section 15-39-13, at an amount not to 
exceed sixteen hundred dollars ($1,600). 

This action is taken in accordance 
with the recommendation of the Fire 
Marshal, under date of November 13, 
1905, and the approval of price by the 
City Comptroller, under date of Novem- 
ber 13, 1905, both attached hereto. 
Frank I. Bennett, 
Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred bids for sale of property for site 
for police station in the territory bound- 
ed by Ashland and Western avenues, 
montrose boulevard and Addison avenue, 
submitted a report recommending the 
passage of an accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assemhled: 

Your Committee on Finance, to whom 
was referred bids for sale of property 
for site to be used for police station in 
the territory bounded by Ashland and 
Western avenues, Montrose boulevard 



and Addison avenue, having had the 
same under advisement, beg leave to re- 
port and recommend the passage of the 
following order: 

Ordered, That the City Comptroller be 
and he is hereby authorized and directed 
to purchase property situated at the 
northeast corner of Robey and Grace 
streets, being 33.12 by 125 feet to a 16- 
foot alley, to be used as a site for po- 
lice station, for an amount not to exceed 
twenty-six hundred dollars ($2,600), 
subject to taxes for the year 1905. 

This action is taken in accordance 
with the recommendation of the General 
Superintendent of Police, dated Novem- 
ber 21st, 1905, and the approval, as to 
price, of the City Comptroller, under 
date of November 15, 1905. 

Frank I. Bennett, 
Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred claim of Mrs. Mary Bergin, for 
compensation for expense of sewer, claim 
of Frank Bubla et al., for damage to prop- 
erty by bursting of water main in West 
Fourteenth place (adverse recommenda- 
tion by the Corporation Counsel attached 
hereto) ; George M. Miller, for damage 
to building at 7019 Jackson Park ave- 
nue; petition of John Campion for re- 
fund of premium on surety bond (vouch- 
er issued through Fire Department), 
submitted a report recommending that 
the same be placed on file. 

Aid. Bennett moved to concur in the 
report. 

The motion prevailed. 



JUDICIARY. 

The Committee on Judiciary, to whom 
was referred an amendment to Section 
49 of the Building Ordinance of 1898, to 
include "a boarding, livery or sale gar- 
age," submitted a report recommending 
that the same be referred to the Com- 
mittee on Building Department. 



November 27, 



1621 



19U5 



Aid. Foreman moved to concur in the 
report. 

The motion prevailed. 



LICENSE. 

The Committee on License, to whom 
was referred two ordinances amending 
Section 1337 of the Revised Municipal 
Code in re. liquor, submitted a report 
recommending the passage of an accom- 
panying substitute ordinance. 

Aid. Dunn moved that the report be 
deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, November 24, 1905. 
To the Mayor and Aldermen of the City 
of Chieago in Council Assemhled : 
Your Committee on License, to whom 
Avas referred two ordinances amending 
Section 1337 of the R. M. Code in re. 
liquor, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following sub- 
stitute ordinance: 

Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That Section 1337 of the 
Revised Municipal Code of Chicago of 
1905, be and the same is hereby amend- 
ed as follows, to-wit: By adding at the 
end of such section the following words: 
"Provided nothing herein contained 
shall be so construed as to prevent any 
hotel from serving intoxicating or spirit- 
ous liquors of all kinds to its guests 
on any floor of or in any part of such 
hotel, providing said liquor provided 
herein to be served shall be kept in and 
only served from the bar of a licensed 
dramshop located in and managed by 
said hotel. This provision applying only 
to hotels conducted and maintained as 
such. And provided further that no in- 
toxicating liquors shall be served in any 
restaurant, ice cream parlor, chop suey 
or lunch room or other public eating 
room, either with or without meals, un- 



less there is a licensed bar run in con- 
nection therewith and on the same floor 
with such restaurant, ice cream parlor, 
chop suey or lunch room or other public 
eating room, such room or rooms to be 
specifically described as provided for 
herein when license is applied for; pro- 
vided that nothing herein contained shall 
be so construed as to prevent any hotel 
from serving intoxicating liquors of all 
kinds to its guests on any floor of or in 
any part of such hotel if the same is 
taken from any licensed bar in said ho- 
tel." 

Section 2. This ordinance shall be in 
force from and after its passage and due 
publication. 

W. P. Dunn, 

Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred a petition for a prohibition dis- 
trict in the territory bounded by North 
Sacramento avenue, alley south of Wal- 
nut street, North Francisco avenue, etc., 
submitted a report recommending the 
passage of an accompanying ordinance. 

Aid. Dunn moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on License, to whom 
was referred a petition for a prohibition 
district, North Sacramento avenue, alley 
south of Walnut street. North Francisco 
avenue, etc., having had the same under 
advisement, beg leave to report and rec- 
ommend the passage of the following or- 
dinance : 
Be it ordained hy the City Council of the 

City of Chicago: 

Section 1. That no license shall be 
granted to any person to keep a dram- 
shop at any place within the territory 
bounded by a line as follows: 



November 27, 



1622 



1905 



Beginning at a point at the intersec- 
tion of the center line of West Kinzie 
street with the center line of North 
Scicramento avenue; running thence 
south along the center line of said North 
Sacramento avenue to the center line 
of the first alley south of Walnut street 
running east from Sacramento avenue; 
thence along the center line of said alley 
to the center line of North Francisco 
avenue; thence south along the center 
line of said North Francisco avenue to 
the center line of the first alley north 
of Lake street running east from North 
Francisco avenue; thence east along the 
center line of* said alley to the east line 
of Lot thirty-five (35), in Block fourteen 
( 14 ) , in Canal Trustees' Subdivision, 
southwest quarter, Section 12-39-13; 
thence south along the east line of said 
Lot thirty-five (35) to the center line of 
the alley running east and west south of 
lots seven (7) and sixteen (16) in said 
block; thence east along the center line 
of said alley to the west line of Lot 
thirty-one (31), in Block fourteen (14); 
thence north along the west ' line of Lot 
thirty-one (31) to the center line of the 
first alley north of Lake street running 
west from North California avenue: 
thence east along the center line of said 
alley to the center line of North Cali- 
fornia avenue; thence north along the 
center line of North California avenue 
to the center line of West Kinzie street; 
thence west along the center line of 
West Kinzie street to the place of be- 
ginning. 

Section 2. This ordinance shall take 
effect and be in force from and after its 
passage. 

W. P. Dunn, 
Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred a petition for a prohibition dis- 
trict in the territory bounded by Doug- 
las boulevard, first alley south of Colo- 
rado avenue, Central Park avenue, etc., 
submitted a report recommending the 
passage of an accompanying ordinance. 



Aid. Dunn moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 27, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on License, to whom 
was referred petition to create a prohi- 
bition district in certain territory in 
13th Ward — Douglas boulevard, first al- 
ley south of Colorado avenue, Central 
Park avenue. West Van Buren street, 
first alley east of Central Park avenue, 
West Monoroe street, Central Park ave- 
nue, Colorado avenue, having had the 
same under advisement, beg leave to re- 
port and recommend the passage of the 
following ordinance: 
Be it ordained hy the City Council of the 

City of Chicago : 

Section 1. That no license shall be 
granted to any person to keep a dram- 
shop at any place within the territory 
bounded by a line as follows : 

Beginning at a point at the intersec- 
tion of the center line of Colorado ave- 
nue with the center line of Douglas 
boulevard; running thence south to a 
point at the intersection of the center 
line of Douglas boulevard with the cen- 
ter line of the first alley south of Colo- 
rado avenue running east from Doug- 
las boulevard; thence in an easterly di- 
rection to the point where the alley runs 
in a northeasterly direction; thence in 
a northeasterly direction along the cen- 
ter line of said alley to the intersection 
of the center line of said alley with the 
center line of Central Park avenue; 
thence north along the center line of 
Central Park avenue to the intersection 
of the center line of Central Park aven\ie 
with the center line of West Van Buren 
street; thence east along the center line 
of West Van Buren street to the inter- 
section of the center line of West Van 
Buren street with the center line of the 
first ^lley east of Central Park avenue 
running north from Colorado avenue, if 



November 27, 



1623 



1905 



projected south from Colorado avenue to 
intersect with West Van Buren street; 
thence north along the center line of said 
alley projecting south of Van Buren 
street to the intersection of said center 
line of said alley with the center line of 
West Monroe street; thence west along 
the center line of West Monroe street 
to the intersection of the center line of 
West Monroe street with the center line 
of Central Park avenue; thence south 
along the center line of Ceneral Park 
avenue to the intersection of the center 
line of Central Park avenue with the 
center line of Colorado avenue; thence 
southwest along the center line of Colo- 
rado avenue to the point of beginning. 

Section 2, This ordinance shall take 
effect and be in force from and after its 
passage. 

W. P. Dunn, 

Chairman. 



The same Committee, to whom was re- 
ferred an ordinance amending Sections 
99-117 of the Revised Municipal Code 
in re. the licensing of amusements, sub- 
mitted a report recommending that the 
same be placed on file. 

Aid. Dunn moved to concur in the re- 
port. 

The motion prevailed. 



SCHOOLS. 

The Committee on Schools, to whom 
was referred requests of the Bo5,rd of 
Education to acquire property adjoining 
the Franklin School and the George 
Schneider School, submitted a report 
recommending the passage of an accom- 
panying order. 

Aid. Zimmer moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 



Chicago, November 22, 1905. 
To the Alayor and Aldermen of the City 
of Chicago in Council Assembled: 
Your Committee on Schools, to whom 
was referred requests of Board of Edu- 
cation to acquire property adjoining 
Franklin School and George Schneider 
School, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following order: 
Ordered, That the proper officers of 
the Board of Education be and they are 
hereby authorized to acquire title, under 
the eminent domain law for the use of 
schools, to the following described prop- 
erty: 

The north 14 of Lot 174, Bronson's 
Addition to Chicago, N. E. 14 Section 
4-39-14; also sublot 81 in W. B. Og- 
den's Sub. of Lots 170 and 171, Bron- 
son's Addition to Chicago, N. E. 14 Sec- 
tion 4-39-14, having a frontage of 88 
feet by a depth of 160 feet, located on 
the south side of Sigel street, between 
Wells and^ Sedgwick streets, together 
with all buildings and improvements on 
the above land, adjoining the Franklin 
School premises. 

Lots 32 to 40, both inclusive, Block 2, 
Wm. Hahne's Sub. of the east i^ of Lot 
13, Snow Estate Sub. of Superior Court 
Partition of E. % N. W. 14 Section 30- 
40-14, being 225 feet by a depth of 125.19 
feet, located on the east side of North 
avenue, directly south of and adjoin- 
ing the George Schneider School prem- 
ises, together with all buildings and im- 
provements thereon. 

Michael Zimmer, 

Ghairma7i. 



The same Committee, to whom was re- 
ferred request of the Board of Educa- 
tion for purchase of property adjoining 
the Jenner School, submitted a report 
recommending the passage of an accom- 
panying order. 

Aid. Zimmer moved that the report 
be deferred and published. 



November 27, 



1624 



1905 



The motion prevailed. 

The following is the report: 

Chicago, November 22, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assemhled: 

Your Committee on Schools, to whom 
was referred request of Board of Edu- 
cation for purchase of property adjoin- 
ing the Jenner School premises, having 
had the same under, advisement, beg 
leave to report and recommend the 
passage of the following order: 

Ordered, That the proper officers of the 
Board of Education be and they are 
hereby authorized to purchase, for the 
use of schools, the following described 
property adjoining the Jenner School 
premises : 

Lot 16, for the sum of $3,000; owner, 
William H. Duff. 

Lot 17, for the sum of $4,200; owner, 
Mary J. Hanagan. 

Lot 18, for the sum of $2,500; owner, 
James Murphy. 

This property is in Block 14, in Rog- 
ers' Sub. of the N. E. 14 of the S. W. % 
of Section 4, T. 39 N., R. 14, East of the 
Third Principal Meridian. 

Michael Zimmer, 

Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred requests of the Board of Educa- 
tion for the erection of buildings for the 
relief of the George Schneider School 
District, Washington School District and 
Kosciusko School District, submitted a 
report recommending the passage of an 
accompanying order. 

Aid. Zimmer moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 22, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Schools, to whom 
was referred requests of the Board of 



Education for erection of buildings for 
the relief of George Schneider School 
District, Washington School District, and 
Kosciusko School District, having had 
the same under advisement, beg leave 
to report and recommend the passage of 
the following order: 

Ordered, That the amounts shown op- 
posite the names of schools hereinafter 
mentioned in this order be and the same 
are hereby appropriated for buildings 
for the relief of said school districts 
and the City Comptroller is hereby au- 
thorized and directed to set aside the 
said amounts from the unappropriated 
balance of the building account for the 
erection of said buildings: 
George Schneider School Dis- 
trict, 26 rooms and as- 
sembly hall $175,000.00 

Washington School District 
26 rooms and assembly 

hall 175,000.00 

Kosciusko School District, 
26 rooms and assembly 

hall 175,000.00 

Michael Zimmer, 

Chairman. 



The same Committee, to whom was re- 
ferred request of the Board of Education 
for a twelve-room addition to the Dante 
School and to rescind action of July 10th, 
for a six-room addition to said school, 
submitted a report recommending the 
passage of the accompanying orders. 

Aid. Zimmer moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 22, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assemhled: 

Your Committee on Schools, to whom 
was referred request of Board of Educa- 
tion for a twelve -room addition to Dante 
School and to rescind action of July 10th 
for six-room addition to said school, hav- 
ing had the same under advisement, beg 



November 27, 



1G2J 



1905 



leave to report and recommend the pas- 
sage of the following orders : 

Ordered, That the sum of $125,000.00 
be and the same is hereby appropriated 
for the erection of a twelve-room addi- 
tion to the Dante School building,-and the 
City Comptroller is hereby authorized 
and directed to set aside the said sum of 
$125,000.00 from the unappropriated bal- 
ance of the building account for the erec- 
tion of said addition. 

Ordered, That that part of the order 
passed July 10th, 1905, published on page 
995 of the Council Proceedings, providing 
for the erection of a six-room addition to 
the Dante School, be and the same is here- 
by rescinded. 

Michael Zimmee, 

Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred request of the Board of Education 
for a twelve-room addition to the Byford 
School, submitted a' report recommending 
the passage of an accompanying order. 

Aid. Zimmer moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 22, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Schools, to whom 
was referred request of Board of Educa- 
tion for twelve-room addition to Byford 
School building, having had the same un- 
der advisement, beg leave to report and 
recommend the passage of the following 
order : 

Ordered, That the sum of $125,000.00 
be and the same is hereby appropriated 
for tbe erection of twelve-room addition 
to the Byford School building, and the 
City Comptroller is hereby authorized 
and directed to set aside the said sum of 
$125,000.00 out of the unappropriated 
balance of the building account for the 
erection of said addition. 

Michael Zimmee, 

Chairman. 



ALSO, 

The same Committee, to whom was re- 
ferred request of the Board of Education 
to rescind action for the acquisition of 
property adjoining the Schley School, 
submitted a report recommending the 
passage of an accompanying order. 

Aid. Zimmer moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report : 

Chicago, November 22, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Schools, to whom 
was referred request Board of Education 
to rescind action in re. acquiring prop- 
erty adjoining Schley School, having had 
the same under advisement, beg leave to 
report and recommend the passage of the 
following order: 

Ordered, That so much of the order 
passed February 24th, 1904, published on 
page 2369 of the Council Proceedings as 
relates to the acquiring' of Lot 18 and 
Lot 2 adjoining the Schley School premi- 
ses, be and the same is hereby rescinded. 
Michael Zimmee, 

Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred request of the Board of Education 
to construct urinals and closets in the 
Curtis School in compliance with the old 
ordinance, submitted a report recommend- 
ing the passage of an accompanying 
order. 

Aid. Zimmer moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report : 

Chicago, November 22, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Schools, to whom 
was referred request of Board of Educa- 
tion to construct urinals and closets in 
Curtis School in compliance with old ordi- 



November 27, 



1636 



1905 



nance, having had the same under advise- I 
ment, beg leave to report and recommend 
the passage of the following order: 

Ordered, That the Board of Education 
be and it is hereby authorized to con- 
struct the plumbing and drainage in the 
George William Curtis School building in 
accordance with the provisions of the Ke- 
vised Code of Chicago of 1897, instead of 
the provisions of the Revised Municipal 
Code of Chicago of 1905, and the Depart- 
ment of Health is authorized and directed 
to permit the same to be done. 

Michael Zimmer, 

Chairman. 



GAS, OIL AND ELECTRIC LIGHT. 

The Committee on Gas, Oil and Elec- 
tric Light, to whom was referred petition 
and ordinance of Louis Weber & Co. to 
lay electrical conductors, submitted a re- 
port recommending the passage of an 
accompanying substitute ordinance. 

Aid. Young moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 23, 1905. 
Tg the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Gas, Oil and Elec- \ 
trie Light, to whom was referred petition 
and ordinance of Louis Weber & Co. to 
lay electrical conductors, having had the 
same under advisement, beg leave to re- 
port and recommend the passage of the 
following substitute ordinance: 

Linn H. Young, 

Chairman. 
Be it ordained hy the City Council of the 

City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to Louis Weber, Henry L. Weber 
and Jacob Weber, and to such of them as 
during the term hereof constittfte the co- 
partnership of Louis Weber & Co., to lay, 
construct, maintain and operate electrical 



conductors underneath the surface of and 
under the sidewalk space on each side of 
Clark street, beginning at the north line 
of Harrison street, at its intersection with 
Clark street, north to the south line of 
Van Buren street at its intersection with 
Clark street and connecting with and to 
all adjoining property abutting on said 
Clark street, between said north line of 
Harrison street and the south line of 
Van Buren street. And also under the 
sidewalk space on each side of, and under 
the surface of Van Buren street and un- 
der and across all intersecting streets 
and alleys within the side lines of said 
Van Buren street extended, within that 
part of Vain Buren street, beginning at 
the west line of Dearborn street at its in- 
tersection with Van Buren street, and ex- 
tending to the east line of LaSalle street, 
at its intersection with Van Buren street, 
and connecting with and to all adjoining 
property abutting on said Van Buren 
street, between said east line of LaSalle 
street and the west line of Dearborn 
street. 

All electrical conductors and wires to 
be laid or installed under the authority 
of this ordinance shall be placed under- 
ground and be laid and installed in con- 
formity with the ordinances of the City 
of Chicago governing such installation 
or construction now in force, or which 
may hereafter be passed. The location 
of all of said wires or electrical con- 
ductors to be laid or installed under 
the authority herein contained are more 
particularly shown on a plat showing 
the location of each pipe or conduit Jaid, 
and the location of manholes and all 
other openings to gain access to said 
pipes or conduits, attached hereto and 
made a part hereof and to which ex- 
press reference is hereby made; a dupli- 
cate of which plat shall be filed by 
the grantees herein with the Commis- 
sioner of Public Works before the in- 
stallation or the construction of the 
work herein authorized. 

The construction and maintenance 
hereby authorized is for the purpose of 



November 27, 



1627 



1905 



supplying electricity for light, heat and 
power to buildings and occupants of 
such buildings within the territory here- 
inabove described; and it is expressly 
understood and agreed to by the grantee 
herein that the charges for such elec- 
trical service shall not exceed the sum 
of ten (10) cents per each 1,000 watts 
or one kilowatt per hour; and pro- 
vided further that the right is expressly 
reserved to the City of Chicago to make 
any reasonable regulation of the rates 
charged by said grantees below ten (10) 
cents per kilowatt. 

Section 2. The rights and privileges 
hereby granted shall cease and deter- 
mine ten (10) years from and after the 
date of the passage of this ordinance, or 
at any time prior thereto in the dis- 
cretion of the Mayor. 

Section 3. The location of all wires 
and conductors hereby authorized shall 
be subject to the approval of both the 
Commissioner of Public Works and the 
City Electrician, and none of the work, 
construction or installation hereby au- 
thorized shall be commenced until such 
approval of said officials shall be ob- 
tained in writing; and the construction 
hereby authorized it is agreed may be 
changed or removed at any time upon 
the direction of the Mayor of the City 
of Chicago. 

It is further expressly provided that 
in any conduits laid by said grantee 
herein, under the provisions of this ordi- 
nance, there shall be reserved to the City 
of Chicago two (2) ducts for the use 
of said City, and provision shall be made 
so that said City of Chicago may con- 
veniently and safely operate the same 
for its own purposes and uses. 

Section 4. Said grantees shall not con- 
struct said pipes or conduits, or in any 
way disturb the surface of any of the 
streets or alleys in the territory above de- 
scribed, until they shall have secured the 
permission of the Department of Public 
Works or otner authorized authority of 
said city for said work; and whenever 
said grantee shall make application in 



writing for such permission and shall 
comply with the terms and conditions 
of this ordinance, it shall be the duty 
of said department or other proper au- 
thority to issue the same. 

Said grantees shall do no permanent 
injury to any of said streets or alleys 
in the territory above described, or in 
any manner interfere with any sewer, 
gas pipe, cable, wire or conduit therein, 
and shall not open or encumber more of 
said streets or alleys than shall be neces- 
sary to enable them to proceed with 
advantage in constructing their pipes or- 
conduits. 

At the termination of the privileges 
hereby granted, by lapse of time or 
otherwise, said grantees shall restore said 
streets and alleys to their proper condi- 
tion, safe for public travel, to the satis- 
faction of the Commissioner of Public 
Works, so that the portion of said streets 
and alleys where oaid pipes or conduits 
had been located shall be put in the 
same condition, safe for public travel, 
as the remaining portion of said streets 
and alleys in the same block. 

Section 5. Before said grantees shall 
disturb the surface of any of said streets 
or alleys they shall deposit with the 
Commissioner of Public Works a sum of 
money sufficient to pay for the restora- 
tion to as good a condition as the same 
was in before being disturbed of so much 
of said streets or alleys as they shall have 
out of the condition in which the grantees 
found it at any one time; and said gran- 
tees shall promptly restore said streets 
or alleys, or any portion thereof, to as 
good a condition as the same was in 
before being disturbed,and shall maintain 
the portion so disturbed and repaired in 
such good condition for the period of 
two years and do the work of restoration 
to the satisfaction and approval of the 
Commissioner of Public Works; where- 
upon said money so deposited shall be 
returned to said grantees; but if for any 
reason the amount of said deposit shall 
have been insufficient to cover the cost 
of such work, or if any damage shall 



November 27, 



1628 



1905 



have been done to any underground work 
or connection or otherwise not contem- 
plated in the original estimate which 
shall have caused increased expenditure, 
the amount of deficiency or damage shall 
be certified to the City Comptroller, who 
shall collect the same from said grantees 
herein, and said grantees shall, upon de- 
mand, immeaiately pay the same, and no 
other permit shall be issued to the gran- 
tees herein for any other or additional 
work until the amount thereof shall have 
been paid. If said grantees shall neglect 
or refuse to restore said streets or alleys, 
or any portion thereof, then the Com- 
missioner of Public Works may, and with 
the funds so deposited shall, cause the 
same to be done and shall repay and 
refund only the surplus, if any, to said 
grantees. 

Said grantees shall not permit said 
streets or alleys, or any portion thereof, 
to remain open or encumbered for a long- 
er period than shall be necessary to 
properly execute the work for which the 
same shall have been opened or encum- 
bered, and shall erect and maintain suit- 
able barriers and lights to prevent any 
accidents in consequence of such open- 
ing or encumbering of said street or 
alley, or any portion thereof. 

Section 6. All pipes, conduits, elec- 
trical conductors and other necessary ap- 
pliances maintained and operated under 
this ordinance by said grantees shall be 
of modern excellence, and constructed, 
maintained and operated in first-class 
manner; and it is expressly agreed and 
understood that the rights and privil- 
eges granted hereunder are subject to 
all general ordinances of the City of 
Chicago now in force or which may here- 
after become in force, and especially any 
ordinance concerning the removal or re- 
placement of any pipes or conduits un- 
derground. 

It is further agreed that the grantees 
herein will alter, change and remove 
from said streets or alleys, or any of 
them, any or all of their pipes or con- 
duits that may in any way interfere 



with the construction and operation of 
any municipal underground work here- 
inafter undertaken. 

Section 7. No work shall be done 
under the authority of this ordinance 
until a permit authorizing the same shall 
have been issued by the Commissioner ot 
Public Works, and no permit shall issue 
until the grantees herein shall execute to 
iixe City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
($10,000) dollars, with sureties to be 
approved by the Mayor, conditioned to 
indemnify, save and keep harmless said 
City of Chicago, from any and all lia- 
bility, cost, damage or expense of any 
kind whatsoever which may be suffered 
by it, said City of Chicago, or which 
it may be put to, or which may accrue 
against, be charged to or recovered from 
said city, from or by reason of the pas- 
sage of this ordinance, or from or by 
reason of any act or thing done under 
or by authority of the permission herein 
given; and conditioned further to ob- 
serve and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability of 
tne sureties thereunder shall be kept ir. 
force throughout the life of this ordi- 
nance, and if at any time during the life 
of this ordinance said bond shall not be 
in full force, then the privileges and au- 
thority herein granted shall thereupon 
cease. 

Section 8. Said rights herein granted 
are upon the express condition that said 
grantees, as compensation for the privil- 
eges conferred by this ordinance, will 
pay to the City of Chicago during the 
life of this ordinance, ten per cent (10%) 
of the gross receipts derived from the 
distribution and sale of electricity for 
light, heat or power; and said payment, 
to be made on the first days of January, 
April, July and October of each year. 
Each payment shall be accompanied by 
a statement verified by one of the gran- 
tees herein, setting forth accurately and 
truthfully the gross receipts derived 
from the exercise of the authority here- 



November 27, 



1639 



1905 



by granted, and for the purpose of en- 
abling the city to inform itself of the 
grantees' receipts, the City Comptroller, 
or some person appointed therefor by 
him, shall have access to the books, 
papers, accounts and records of all fiscal 
operations of the grantees at all reason- 
able and necessary times, and the 
amount found by said Comptroller or his 
representative to be the gross receipts of 
said grantees derived from the sale of 
electricity for said purposes and for the 
period under consideration, shall be the 
amount upon which the said grantees 
shall pay such compensation. 

Section 9. It is made an express pro- 
vision of this ordinance that the said 
grantees herein shall, within a jDcriod of 
six (6) months from and after the pas- 
sage of this ordinance, have constructed 
and in operation a proper plant for the 
purpose of conveying and distributing 
electricity for heating, lighting and 
power purposes within the territory 
above described. 

Section 10. This ordinance shall not 
be in force until the said grantees shall 
have filed with the City Comptroller a 
bond, in addition to the bond herein pro- 
vided for, with some surety company as 
surety, which shall be acceptable to said 
Comptroller in the sum of ten thousand 
dollars ($10,000), which bond shall be 
for the express purpose of insuring the 
maintenance of a constant electrical light 
service to be furnished by electrical 
apparatus located within the territory 
described in this ordinance, and also to 
secure the payment to the City of Chicago 
by the said grantees of the ten (10) per 
cent of the gross receipts of said grantees 
in accordance with the terms hereinbefore 
provided. Said bond shall be forfeited 
if the service herein provided for is not 
furnished continually and regularly, and 
under the conditions herein required, or 
if the payment of said ten (10) per cent 
of the gross receipts of said grantees is 
not duly made to the City of Chicago as 
provided by the terms of this ordinance. 

Section 11. The grantees herein shall 



at no time during the life of this ordi- 
nance sell, lease or convey the lines of 
wires, plant, franchise, property, etc., 
owned or used by them in connection with 
the permission and authority hereby 
granted, to any other corporation, firm 
or person; nor shall said grantees con- 
solidate or combine, directly or indirectly, 
with any firm, corporation or person so 
as to unite the lines of wires, plant, fran- 
chise, property, etc., used in connection 
with the authority and permission hereby 
granted, with the plant or property of 
any such corporation, firm or person, but 
said grantees shall at all times during 
the life of this ordinance maintain and 
operate the plant, franchise and property 
herein referred to and used in connection 
with the authority hereby granted as an 
independent enterprise and free from any 
connection with any other corporation, 
firm or person engaged in a similar occu- 
pation. 

If said grantees shall not operate said 
plant for a continuous period of six (6) 
months, then and in that case this ordi- 
nance shall be null and void. 

Section 12. It is made an express 
provision of this ordinance, an,d by the 
acceptance hereof the grantees herein bind 
themselves faithfully to observe such pro- 
vision, that there shall be no discrimina- 
tion in the rates to be charged by said 
grantees for the use of electricity for 
light, heat and power as between persons 
using the same amount of electricity, 
whether such electricity be used at differ- 
erent hours of the day or during the same 
hours of the day, and any discrimination 
in rates charged for the use of electricity 
by said grantees, directly or indirectly, 
by reason of rebate or other shift or eva- 
sion, shall be considered a violation of 
the provisions of this ordinance and shall 
constitute a ground for the revocation of 
the permission and authority herein given 
by the City of Chicago. 

Section 13. Said grantees shall be sub- 
ject to all the general ordinances of the 
City of Chicago in relation to the gen- 
eration, distribution and sale of electric- 



November 27, ' 



1630 



1905 



ity for light, heat and power purposes 
now in force or which shall hereafter be 
in force in relation to the government 
of the same. 

Section 14. It is hereby made an 
express provision of this ordinance that 
if at any time during the life hereof the 
City of Chicago shall desire to purchase 
the plant of the said grantees and the 
property used by said grantees in carry- 
ing out and exercising the privileges 
herein authorized, the said city shall have 
the right so to do on the following terms 
and conditions, to-wit: 

Whenever the City of Chicago shall 
desire to exercise the right of purchase 
it shall give to said grantees written 
notice of such intention^, and within 
ninety (90) days from the date of 
such written notice it shall select 
and give notice to said grantees 
of such selection of an appraiser, 
and within ten (10) days from the date 
of such notice by the city of such selec- 
tion by it of an appraiser, the grantees 
herein shall select and name to the City 
of Chicago an appraiser, and the two so 
selected and named shall select a third 
person, who shall not be in any way inter- 
ested in either party, the selection of such 
third person to be made within ten (10) 
days from the date of the selecting and 
naming of the appraiser by the said 
grantees herein, and the three persons so 
named and selected as appraisers shall 
act as a Board of Appraisers for the pur- 
pose of ascertaining the value of the 
plant and property owned and in opera- 
tion by the grantees herein and which the 
City of Chicago desires to purchase. In 
the event that the two persons first named 
as appraisers shall fail to agree upon a 
third person to complete said Board of 
Appraisers, then the Chief Justice of the 
Circuit Court of Cook County shall name 
a third person to act as an appraiser, and 
the appraisal of a majority of said Board 
of Appraisers shall be final and conclu- 
sive upon both the City of Chicago and 
the said grantees as to the amount to be 
paid by said city to said grantees for the 



plant and other property of said grantees 
which it is desired by the City of Chicago 
to purchase. It is expressly provided, 
however, that in making such appraisal, 
the appraisers shall not consider or take 
into consideration as an element of value 
or price in determining their award or 
appraisal the rights and privileges given 
in and by this ordinance, but shall con- 
sider and appraise solely the value of the - 
plant and the apparatus and electrical 
conductors used and operated by said 
grantees in supplying electricity for light- 
ing, heating and power purposes under 
the provisions of this ordinance. And 
the said Board of Appraisers, within 
thirty (30) days from the date of its 
organization, shall arrive at its award 
or appraisal, and shall communicate the 
amount of the same within such thirty 
(30) days to both the City of Chicago 
and the said grantees. And the City of 
Chicago shall within a reasonable time 
thereafter pay to the said grantees the 
amount of said award, and upon payment 
of said amount the grantees shall at once 
convey to the City of Chicago all prop- 
erty of every nature and description 
described in said award. It is provided, 
however, that the said grantees shall have 
the right to continue to operate their 
plant under the provisions of this ordi- 
nance up to the time the City of Chi- 
cago shall make its payment of the pur- 
chase price fixed upon by said appraisers. 
Section 15. This ordinance shall take 
effect and be in force from and after its 
passage and acceptance in writing; pro- 
vided said acceptance shall be filed with 
the City Clerk of the City of Chicago 
within thirty (30) days of the passage 
of this ordinance and the filing of the 
bonds hereinbefore provided. 



STREETS AND ALLEYS, SOUTH 
DIVISION. 

The Committee on Streets and Alleys, 
South Division, to whom was referred 
an ordinance vacating parts of Shields 
avenue, Sultan street, 46th street and 



November 27, 



1631 



1905 



alley in Gorrish's Subdivision and in 
Fraser's Subdivision, submitted a report 
recommending the passage of the same 
as amended. 

Aid. Bihl moved that the report be de- 
ferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 23, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Streets and Alleys, 
South Division, to whom was referred or- 
dinance vacating parts of Shields avenue. 
Sultan street, 46th street and alley in 
Grorrish's Subdivision and in Fraser's 
Subdivision, having had the same under 
advisement, beg leave to report and rec- 
ommend that the ordinance do pass as 
amended. 

Ernest Bihl, 

Chairman. 

AN ORDINANCE 

Vacating certain streets and alleys. 

Whereas, The South Park Commis- 
sioners have recently acquired certain 
tracts of land in the city for the purpose 
of creating small parks or pleasure 
grounds thereon, and have requested the 
City Council to vacate parts of certain 
streets and alleys adjoining and inter- 
secting said tracts of land; now, there- 
fore, 
Be it ordained hy tJie City Council of the 

City of CMcago : 

Section 1. That all those parts of 
the public streets and alleys, in the City 
of Chicago, County of Cook and State of 
Illinois, described as follows: The alley 
in Block four (4) of Gorrish's Subdivi- 
sion of the south half (S. 14) o'f the 
south half (S. y^) of the east half (E. 
14) of the northeast quarter (N. E. 14) 
of Section twenty-eight (28), Township 
thirty-nine (39) North, Range fourteen 
(14) East of the Third (3d) Principal 
Meridian ; 

Shields avenue between the south line 



of Forty-fifth (45th) place and the north 
line of Forty-sixth (46th) place; 

Sultan street between the south line of 
Forty-fifth (45th) place and the north 
line of Forty-sixth (46th) place; 

Forty-sixth (46th) street from the 
east line of Stewart avenue to the west 
line of Princeton avenue; 

The alleys between Block seven (7) 
in Section four (4) addition to Chicago, 
being John Fraser's subdivision of twen- 
ty-five (25) acres north of and adjoin- 
ing the south twelve and one-half (12l^) 
acres of the west half ( 1/2 ) of the south- 
east quarter (^t) of Section four (4), 
Township ' thirty-eight (38) North, 
Range fourteen (14) East of the Third 
(3d) Principal Meridian, and Lots ten 
(10) to eighteen (18) both inclusive in 
the Subdivision of the west eight (8) 
feet of Lots three (3) and fourteen (14) 
and all of Lots four (4) to thirteen (13) 
inclusive in Block three (3) and Lots 
one (1) to thirteen (13) inclusive and 
the west eight (8) feet of Lot fourteen 
(14) in Block eight (8) and parts of 
Sultan and Inkerman streets vacated, 
in said Section four (4) Addition to 
Chicago, be and the same are hereby 
vacated; provided, however, that this 
ordinance shall not go into effect, nor 
shall the vacation herein provided for 
become effective until there shall have 
been approved by the Examiner of Sub- 
divisions and filed in the office of the 
Recorder of Deeds of Cook County, Illi- 
nois, plat showing the parts of streets 
and alleys so vacated, which said part 
of said streets and alleys so vacated are 
substantially as shown on plats thereof, 
which are attached hereto and made a 
part of this ordinance; and provided 
further, that the City of Chicago hereby 
reserves the right to maintain and repair 
all existing sewers and water mains, 
with their necessary appurtenances. 

Section 2. This ordinance shall take 
effect and be in force from and after its 
passage and approval, subject to the 
provisions of Section one (1) hereof; 
provided, that in creating the small park 



November 27, 



1632 



1905 



or pleasure ground in said Section four 
(4) the South Park Commissioners shall 
not inclose the twenty (20) feet east of 
and adjoining the face of the east re- 
taining wall of the Pittsburgh, Ft. 
Wayne and Chicago Railway, but shall 
leave said twenty (20) foot strip open 
as a public passage way. 

ALSO, 

The same Committee to whom was re- 
ferred an ordinance vacating part of 
Lime street, between the Chicago River 
and Water street, submitted a report 
recommending that the same be placed 
on file. 

Aid. Bihl moved to concur in the re- 
port. 

The motion prevailed. 



STREETS AND ALLEYS, NORTH 
DIVISION. 

The Committee on Streets and Alleys, 
North Division, to whom was referred 
ordinance of the Chicago Dock Tunnel 
Company for renewal of switch track, 
submitted a report recommending that 
the same be placed on file. 

Aid. Dougherty moved to concur in the 
report. 

The motion prevailed. 



UNFINISHED BUSINESS OF FORMER 

MEETINGS PENDING BEFORE 

THE COUNCIL. 

The Clerk, on motion of Aid. Bennett, 
presented the report of the Committee 
on Finance on claims of St. Paul's 
Lutheran Church, Elizabeth Town, Rosa 
Sabludowski and Chas. Cliin for de- 
crease of water rates, deferred and pub- 
lished November 20, 1905, page 1544. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as fol- 
lows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 



ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24 th 
ward ) , Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — Conlon — 1. 

The following is the order as passed: 
Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to decrease the 
water taxes assessed against the fol- 
lowing persons, in the amounts set op- 
posite their names, same to be in full 
of claims for decrease of water taxes 
assessed against the properties named: 
St. Paul's Lutheran Church, 460 

West Fullerton avenue $ 7.25 

Elizabeth Town, 356 South Cali- 
fornia avenue (Water Attor- 
ney to make investigation and 
take such action as is neces- 
sary to decrease taxes as- 
sessed prior to ownership of 
present owner, and collect 
same from users of the 

water) 

Rosa Sabludowski, 471 North Ash- 
land avenue 32 . 25 

Charles Chin, 283 South Kedzie 

avenue 50.00 

This action is taken in accordance with 
the several recommendations of a sub- 
committee attached. 

The Clerk, on motion of Aid. Bennett,, 
presented the report of the Committee 
on Finance on request of Corporation 
Counsel for additional appropriation for 
legal expenses, deferred and published 
November 20, 1905, page 1545. 

Aid. Bennett moved to concur in the 
report and pass the ordinance therewith. 



November 27, 



1633 



lt)Oi 



The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Gonsidine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewcirt, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Halme, Williston^ Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 

Nays — Conlon — 1. 

The following is the ordinance as 
passed : 
Be it ordained by the City Council of the 

City of Chieago : 

Section 1. That the sum of twenty- 
five thousand ($25,000.00) dollars be and 
the same is hereby appropriated out of 
miscellaneous receipts not otherwise ap- 
propriated, to the credit of the Corpora- 
tion Counsel Legal Expense Fund No. 4 
D, and the Comptroller is hereby author- 
ized and directed to pay bills vouchered 
against said fund. 

Section 2. This ordinance shall take 
effect from and after its passage. 

■ ■ SPECIAL ORDER. 

The Chair directed that the special 
order the report of the Committee on 
Judiciary on an ordinance amending 
Section 770 of the Revised Municipal 
Code of 1905 in re. iron and tile pipes, 
deferred and published November 13, 
1905, page 1453, be now taken up. 

Aid. Larson moved the passage of the 
ordinance. 

Aid. Kohout moved that the amend- 
ment introduced by him November 20, 
1905, published and deferred for one 
week, page 1542, be adopted. 

After debate Aid. Eidmann moved the 
previous question on the adoption of the 



amendment and the call was sustained. 
The question recurring on Aid. Ko- 
liout's motion it prevailed by yeas and 
nays as follows : 

Yeas — Coughlin, Kenna, Harding, Rich- 
ert, Dailey, McCormick (5th ward), Mar- 
tin, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, May- 
pole, Beilfuss, Smith, Sitts, Conlon, 
Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d_ 
ward), Schmidt (24th ward), Hahne, 
Williston, Reinberg, Butler, Siewert, ' 
Raymer, Wendling, Roberts, O'Connell, 
Badenoch, Bihl, Hunt, Ruxton, Kohout, 
Hunter, Race — 50. 

Nays — Dixon, Pringle, Foreman, Pot- 
ter, Young, Harkin, Dever, McCormick 
(21st ward), Dunn, Larson, Bradley, \^ 

Eidmann — 12. 

Aid. Cullerton moved that the lan- 
guage of Aid. Kohout's amendment be 
adopted as Section 1 of the ordinance. 
The motion prevailed. 
Aid. Larson moved the passage of the 
ordinance as amended. 

The motion prevailed by yeas and nays 
as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, SteAvart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Nays — Conlon — 1 . 

The following is the ordinance as 
passed: 

Be it ordained hy the City Council of the 
City of Chicago: 
Section 1. All work done by licensed 



NoA-ember 27, 



1634 



1905 



drain layers on drains or pipes inside any 
building or structure, and all work done 
on any catch basin, cesspool, or sink 
located on or in any private premises 
shall be done under the supervision of 
the Commissioner of Public Works and 
to the satisfaction and approval of the 
Commissioner of Health; and no such 
work shall be done except on a permit 
in writing issued by said Commissioner 
of Public Works. 

Section 2. This ordinance shall be in 
force from and after its passage. 

The Clerk, on motion of Aid. Dougher- 
ty, presented the report of the Cornrait- 
vision, on an ordinance granting per- 
mission to the American Manufacturing 
and Construction Company to maintain 
a switch track, deferred and published 
October 30, 1905, page 1370. 

Aid. Dougherty moved to concur in the 
report and pass the ordinance therewith. 

The motion prevailed, and the ordi- 
nance w^as passed by yeas and nays as 
follows : 

Teas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Piley, Maypole, 
Harkin, Beilfuss, Smith, Dever, Sitts, 
Ryan, Powers, Finn, Stewart, McCormick 
(21st ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24 th 
ward), Hahne, Williston, Dunn, Reinberg, 
Lipps, Butler, Siewert, Raymer, Larson, 
Wendling, Bradley, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 63. 
Na'i/s — Conlon — 1. 

The following is the ordinance as 
passed: 
Be it ordained by the City Council of the 

City of Chicago: 

Section 1. That permission and au- 
thority be and they hereby are given 
and granted to the American Manufac- 
turing and Construction Company, its 



successors and assigns, to lay down, con- 
struct, maintain and operate a single 
railroad switch track connecting with 
the present single switch track now con- 
necting the premises at the southwest 
corner of Paulina street and Wellington 
avenue with the tracks of the Chicago 
and Northwestern Railroad Company, 
and running eastwardly from such 
switch track across Paulina street into 
the premises of the grantee at the south- 
east corner of Paulina street and Wel- 
lington avenue, substantially as shown 
on the blue print which is attached here- 
to and made a part of this ordinance. 

Section 2. The permission and au- 
thority herein granted shall cease and 
determine ten (10) years from the date 
of the passage of this ordinance, and 
this ordinance shall at any time before 
the expiration thereof be subject to modi- 
fication, amendment or repeal, and in 
case of repeal, all privileges hereby 
granted shall cease and determine. 

Section 3. During the life of this or- 
dinance the grantee herein shall keep 
such portion of Paulina street as is oc- 
cupied by said switch track in good con- 
dition and repair, safe for public travel, 
to the satisfaction and approval of the 
Commissioner of Public Works. At the 
termination of the rights and privileges 
herein granted, by expiration of time or 
otherwise, said grantee shall remove said 
switch track and all the appurtenances 
thereto, and shall forthwith restore the 
portion of Paulina street occupied by 
said switch track to a condition safe for 
public travel, similar to the remaining 
portion of that street in the same block, 
to the satisfaction and approval of the 
Commissioner of Public Works. 

Section 4. The operation and main- 
tenance of the switch track herein pro- 
vided for shall be subject to all existing 
ordinances of the City of Chicago now in 
force or which may hereinafter be in 
force relating to the use and operating 
of switch tracks and railway tracks; and 
the construction and maintenance there- 



November 27, 



1635 



VMKy 



of shall be under the supervision and to 
the .satisfaction of the Commissioner of 
Public Works. No work shall be done 
in and about the construction of the 
work herein authorized^ until a permit 
authorizing the beginning of such work 
shall first have been issued by the Com- 
missioner of Public Works of the City 
of Chicago. 

Section 5. In consideration of the 
privileges herein granted, the said 
American Manufacturing and Construc- 
tion Company shall pay to the City of 
Chicago the sum of fifty dollars per an- 
num in advance each and every year dur- 
ing the life of this ordinance, the first 
payment to be made as of the date of the 
passage of this ordinance, and each suc- 
ceeding payment annually thereafter. 

Section 6. Before doing any work 
under and by virtue of the authority 
herein granted, the said grantee shall 
execute a bond to the City of Chicago in 
the penal sum of ten thousand ($10,000) 
dollars, with sureties to be approved by 
the Mayor, conditioned upon the faith- 
ful observance and performance of all 
and singular the conditions and pro- 
visions of this ordinance, and condi- 
tioned further to indemnify, save and 
keep harmless the City of Chicago from 
any and all loss, damage, expense, cost 
or liability of any kind whatsoever that 
may be suffered by it, the said City of 
Chicago, or which may accrue against, be 
charged to or recovered from said city 
for or by reason or on account of the 
passage of this ordinance or for or by 
reason or on account of any act or thing 
done by said grantee herein by virtue of 
the authority herein given, and condi- 
tioned to comply with all the terms and 
conditions of this ordinance. Said bond 
and the liability of the sureties thereon 



shall be kept in force throughout the life 
of this ordinance, and if at any time dur- 
ing the life of this ordinance such bond 
shall not be in full force, then the privi- 
leges herein granted shall thereupon 
cease. 

Section 7. This ordinance shall take 
effect and be in force from and after its 
passage and approval, provided that the 
acceptance hereinabove mentioned and 
the bond hereinabove mentioned be filed 
within thirty (30) days from the pas- 
sage hereof, and provided, further, that 
this ordinance shall be absolutely null 
and void unless the said American 
Manufacturing and Construction Com- 
pany, or its successors, shall within 
ninety (90) days after the passage of 
this ordinance begin the construction of 
its manufacturing plant upon its premi- 
ses at the southwest corner of Paulina 
street and Wellington avenue. 

SPECIAL ORDER. 

The Chair directed that the special 
order in re. that the Committee on Gas, 
Oil and Electric Light consider rates, 
engage experts, etc., passed, reconsidered 
and made a special order, November 20, 
1905, be now taken up. 

Aid. Young moved that the matter be 
deferred for one week. 

The motion prevailed, 

ADJOURNMENT. 

Aid. Foreman moved that the Council 
do now adjourn. 

The motion prevailed, a ad the Coun- 
cil stood adjourned to meet on Monday, 
December 4, 1905, at 7:30 o'clock P. M. 





CITY CLERK, 



December 4, 



1636 



1905 



PROCEEDINGS 



OF THE 



CITY COUNCIL 



Chicago- Illinois 



Regular Meeting, Monday, December 4, 1905. 



7:30 O'CLOCK P. M 



OFFICIAL RECORD. 



Published by authority of the City Coun- 
cil of the City of Chicago, Tuesday, 
December 5, 1905. 



Present — His Honor, the Mayor and 
Aid. Coughlin, Kenna, Dixon, Harding, 
Pringle, Foreman, Richert, Dailey, Mc- 
cormick (oth Ward), Martin Potter, 
Young, Snow, Bennett, Jones, Moyni 
han, Tick, Harris, Hurt, Scully, Hoff- 
man, Cullerton, Uhlir, Zimmer, Con- 
sidine, Riley, Maypole, Harkin, Beilfuss, 
Smith, Nowicki, Dever, Sitts, Conlon, 
Ryan, Powers, Finn, Stewart, McCor- 
mick (21st Ward), Reese, Dougherty, 
Sullivan, Schmidt (23d Ward), Schmidt 
(24th Ward), Hahne, Williston, Dunn, 
Reinberg, Lipps, Butler, Siewert, Ray- 
mer, Larson, Carey, Wendling, Bradley, 



Burns, Roberts, O'Connell, Badenoch, 
Eidmann, Bihl, Hunt, Ruxton, Kohout 
and Hunter. 

Absent— Aldi. Kunz, Brennan, Werno 
and Race. 



MINUTES. 

Aid. Foreman moved that the minutes 
of the regular meeting, held November 
27, 1905, be approved without being 
read. 

The motion prevailed. 



Communications From the Mayor, Comp- 
troller, Commissioner of Public Works 
and All Other City Officers, Depart- 
ments and Branches of the City Gov- 
ernment. 

His Honor, the Mayor, submitted the 
following report: 



December 4, 



1637 



19 o: 



Mayor's Office, j^ 
City of Chicago, December 4, 1905. j 
Honorable City Council of the City of 

Chicago : 

Gentlemen — In accordance with law 
I hereby report to your Honorable Body 
the names of persons imprisoned for vio- 
lation of city ordinances who have been 
released by me during the week end- 
ing December 2, 1905, togethef with the 
cause of such release: 

John Wolf, released for S. Wolf. 

W. J. O'Brien, released for Aid. O'Con- 
nell. 

Thos. Corcoran, released for M. J. 
Doherty. 

Timothy Donovan, released for C. 
Saunders. 

Jacob Neilsen, released for mother. 

M. Reidy, released for daughter-in- 
law. 

D. Reidy, released for wife. 

John Phelan, released for wife. 

Josie Gibbons, released for D. L. 
Cruice. 

Gus. Bussie, released for Phil. Freiler, 

Elgin, 111. 

Leo Prindiville, released for mother. 
Fred Johnson, released for C. S. Dar- 

row. 

Julius Rustad, released for Fred C. 

Bender. 

John P. Glass, released for wife. 
• Andrew Williams, released for Ophelia 
Green. 

James Jansen, released for wife. 

Fred Anderson, released for John Bud- 
inger. 

Frank Fergon, released for Aug. Klein. 

Thomas Steranka, released for Henry 
W. Thurston. 

Thomas Nolan, released for M. H. 
Rogers. 

Which was placed on file. 

ALSO, 
The following communication: 

Mayor's Office, | 
December 4, 1905. ^ 
To the Eonoralle, the City Council: 
Gentlemen — ^By virtue of the author- 



ity conferred upon me, 1 hereby appoint 
Owen McMahon as Police Court Clerk 
at Police Court No. 2, First District, 
vice Nicholas Landgraf, and respectfully 
request the concurrence of your Honor- 
able Body. 

Respectfully, 

E. F. Dunne, 

Mayor. 
Aid. Coughlin moved to concur in the 
appointment. 

The motion prevailed. 

also. 
The following communciation : 

Mayor's Office, |^ 
December 4, 1905. j 
To the Honorable, the City Council: 

Gentlemen — By virtue of the author- 
ity conferred upon me, I hereby appoint 
John Synon as Bridgetender at the Har- 
rison Street Bridge, and respectfully re- 
quest the concurrence of your Honorable 
Body. 

Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Bennett moved to concur in the 
appointment. 

The motion prevailed. 

ALSO^ 

The following veto message: 

Mayor's Office, | 
December 4, 1905. j 

To the Honorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an order passed at the 
last regular meeting of your Honorable 
Body, and published at page 1609 of the 
current printed Council Proceedings, 
which reads as follows: 

''Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to allow Tony and Frank Scal- 
aro to build a one- story brick addi- 
tion under building 201 Aberdeen 



December 4, 



1638 



190c 



street, provided one foot from the 

north side of lot is left vacant." 

I respectfully recommend that the vote 
by which said order was passed be recon- 
sidered, and that the order be referred 
to the Committee on Building Depart- 
ment. 

Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Powers moved to reconsider the 
vote by which the order referred to in 
the veto message of His Honof, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Powers moved that the order be 
referred to the Committee on Building 
Department. 

The motion prevailed. 

ALSO, 

The following veto message : 

Mayor's Office, ) 
December 4, 1905, ( 
To the Honorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed 
at the last regular meeting of your Hon- 
orable Body, granting permission and 
authority to the American Manufactur- 
ing and Construction Company to lay 
down, maintain and operate a railroad 
switch track connecting with the pres- 
ent single switch track now connecting 
the premises at the southwest corner of 
Paulina street and Wellington avenue 
with the tracks of the Chicago and 
Northwestern Railroad Company, and 
running easterly from such switch track 
across Paulina street into the premises 
of the grantee at the southeast corner of 
Paulina street and Wellington avenue, 
for the reason that said ordinance does 
not contain the provision recently draft- 
ed by the Law Department stating that 
the privileges granted shall terminate 
and the ordinance become null and void 
upon failure of the grantee to promptly 
pay any installment of the compensa- 
tion fixed by the ordinance. 



I respectfully recommend that the 
vote by which said ordinance was passed 
be reconsidered, and that the ordinance 
be repassed, without the usual reference 
to a committee, with the following 
amendment : 

Amend Section 5 of said ordinance by 
adding at the end thereof the following: 
"It is hereby made an express pro- 
vision of this ordinance that the priv- 
ileges herein granted shall terminate 
and this ordinance become null and 
void if said grantee or its assigns fails 
to promptly pay any installment of 
said compensation." 

Respectfully^ 

E. F. Dunne, 

Mayor. 

Aid. Conlon moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid, Conlon moved that the ordinance 
be amended in accordance with the veto 
message of His Honor, the Mayor. 

The motion prevailed. 

Aid. Conlon moved the passage of the 
ordinance as amended. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne,' 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 

Tslays — None. 



December 4, 



1639 



1905 



The following is the ordinance as 
passed : 

Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That permission and au- 
thority be and they hereby are given 
and granted to the American Manufac- 
turing and Construction Company, its 
successors and assigns, to lay down, con- 
struct, maintain and operate a single 
railroad switch track connecting with 
the present single switch track now con- 
necting the premises at the southwest 
corner of Paulina street and Wellington 
avenue with the tracks of the Chicago 
and Northwestern Railroad Company, 
and running eastwardly from such 
switch track across Paulina street into 
the premises of the grantee at the south- 
east corner of Paulina street and Wel- 
lington avenue, substantially as shown 
on the blue print which is attached here- 
to and made a part of this ordinance. 

Section 2. The permission and au- 
thority herein granted shall cease and 
determine ten (10) years from the date 
of the passage of this ordinance, and 
this ordinance shall at any time before 
the expiration thereof be subject to modi- 
fication, amendment or repeal, and in 
case of repeal, all privileges hereby 
granted shall cease and determine. 

Section 3. During the life of this or- 
dinance the grantee herein shall keep 
such portion of Paulina street as is oc- 
cupied by said switch track in good con- 
dition and repair, safe for public travel, 
to the satisfaction and approval of the 
Commissioner of Public Works. At the 
termination of the rights and privileges 
herein granted, by expiration of time or 
otherwise, said grantee shall remove said 
switch track and all the appurtenances 
thereto, and shall forthwith restore the 
portion of Paulina street occupied by 
aaid switch track to a condition safe for 
public travel, similar to the remaining 
portion of that street in the same block, 
to the satisfaction and approval of the 
Commissioner of Public Works. 



Section 4. The operation and main- 
tenance of the switch track herein pro- 
vided for shall be subject to all existing 
ordinances of the City of Chicago now in 
force or which may hereinafter be in 
force relating to the use and operating 
of switch tracks and railway tracks; and 
the construction and maintenance there- 
of shall be under the supervision and to 
the satisfaction of the Commissioner of 
Public Works. No work shall be done 
in and about the construction of the 
work herein authorized, until a permit 
authorizing the beginning of such work . 
shall first have been issued by the Com- 
missioner of Public Works of the City 
of Chicago. 

Section 5. In consideration of the 
privileges herein granted, the said 
American Manufacturing and Construc- 
tion Company shall pay to the City of 
Chicago the sum of fifty dollars per an- 
num in advance each and every year dur- 
ing the life of this ordinance, the first 
payment to be made as of the date of the 
passage of this ordinance, and each suc- 
ceding payment annually thereafter. It 
is hereby made an express provision of 
this ordinance that the privileges herein 
granted shall terminate and this ordi- 
nance become null and void if said gran- 
tee or its assigns fails to promptly pay 
any installment of said compensation. 
Section 6. Before doing any work 
under and by virtue of the authority 
herein granted, the said grantee shall 
execute a bond to the City of Chicago in 
the penal sum of ten thousand ($10,000) 
dollars, with sureties to be approved by 
the Mayor, conditioned upon the faith- 
ful observance and performance of all 
and singular the conditions and pro- 
visions of this ordinance, and condi- 
tioned further to indemnify, save and 
keep harmless the City of Chicago from 
any and all loss, damage, expense, cost 
or liability of any kind whatsoever that 
may be suffered by it, the said City of 
Chicago, or which may accrue against, be 
charged to or recovered from said city 
for or by reason or on account of the 



December 4, 



1640 



1905 



passage of this ordinance or for or by 
reason or on account of any act or thing 
done by said grantee herein by virtue of 
the authority herein given, and condi- 
tioned to comply with all the terms and 
conditions of this ordinance. Said bond 
and the liability of the sureties thereon 
shall be kept in force throughout the life 
of this ordinance, and if at any time dur- 
ing the life of this ordinance such bond 
shall not be in full force, then the privi- 
leges herein granted shall thereupon 
cease. 

Section 7. This ordinance shall take 
effect and be in force from and after its 
passage and approval, provided that the 
acceptance hereinabove mentioned and 
the bond hereinabove mentioned be filed 
within thirty (30) days from the pas- 
sage hereof, and provided, further, that 
this ordinance shall be absolutely null 
and void unless the said American 
Manufacturing and Construction Com- 
pany, or its successors, shall within 
ninety (90) .days after the passage of 
this ordinance begin the construction of 
its manufacturing plant upon its premi- 
ses at the southwest corner of Paulina 
street and Wellington avenue. 

ALSO, 

The following veto mesage : 

Mayor's Office, 1 
December 4, 1905. j 
To the Honorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed 
at the last regular meeting of your Hon- 
orable Body, and published at page 1633 
of the current printed Council Proceed- 
ings, providing that all work done by 
licensed drain layers on drains or pipes 
inside any building, and all work done 
on any catch basin, etc., located on pri- 
vate premises, shall be done under the 
supervision of the Commissioner of Pub- 
lic Works and to the satisfaction and 
approval of the Commissioner of Health. 

I return this ordinance without my 
approval for the reason that it charges 



both the Commissioner of Public Works 
and the Commissioner of Health with 
the supervision of the same work, and 
will necessitate the employment on such 
work of twice the number of inspectors 
necessary in the case of supervision by 
one department. This is opposed to 
economy in the public service. 

As a further reason for withholding 
my approval of the ordinance, I would 
say that I am advised by the Law De- 
partment that the said ordinance is in- 
valid, in view of an act entitled "An 
Act for the regulation and inspection of 
tenement and lodging houses, or other 
places of habitation," especially because 
it is in conflict with section two of that 
act. 

I respectfully recommend that the 
vote by which said ordinance was passed 
be reconsidered, and that said Section 
770 of the Revised Municipal Code of 
the City of Chicago, adopted March 20, 
A. D. 1905, be amended, without the 
usual reference to a committee, as fol- 
lows : 

Amend Section 770 of said Code by 
adding at the end thereof the following 
words, "of public works"; and I further 
recommend that Section 1718 of said 
Code be amended, without the usual ref- 
erence to a committee, by striking out 
the words "and drainage" in the first 
line of said section, and by adding after 
the word "chapter" appearing in the last 
line of said section, the following words: 

"The drainage system inside any 
building shall be tested by the drain- 
age layer or sewer builder in the pres- 
ence of the drainage or plumbing in- 
spector by closing up the end of the 
drain§ just outside the building and 
filling the pipes inside the building 
with water." 

"The height of the water pressure 
shall not be less than eight feet from 
the closed end to the highest point 
tested." 

The foregoing amendments are sub- 
stantially those which appear in two 



December 4, 



1641 



1905 



ordinances recommended for passage by 
your Committee on Judiciary at the 
meeting of your Honorable Body on No- 
vember 13, A. D. 1905, said ordinances 
being published at pages 1453 and 1454 
of the current printed Council Proceed- 
ings. 

Kespectfully, 

E. F. Dunne, 

Mayor. 

Aid. Badenoch moved to reconsider the 
vote by which the ordinance refered to 
in the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Kohout moved that the ordinance 
be passed, the veto of His Honor, the 
Mayor, to the contrary notwithstand- 
ing. 

Aid. Jones moved as a substitute that 
the entire matter be referred to the Com- 
mittee on Building Department. 

POINT OF OEDER. 

Aid, Kohout arose to a point of order, 
his point of order being that as his was 
a charter motion, a substitute motion 
could not properly be offered. 

The Chair ruled the point of order 
well taken. 

The question recurring on Aid. Ko- 
hout's motion to pass the ordinance, the 
veto of His Honor, the Mayor, to the 
contrary notwithstanding, the motion 
was lost by yeas and nays, as follows : 

Yeas — Coughlin, Kenna, Richert, Mar- 
tin, Jones, Moynihan, Tick, Harris, Hurt, 
Scully, Hoffman, Cullerton, Uhlir, Zim- 
mer, Considine, Riley, Maypole, Smith, 
Nowicki, Sitts, Ryan, Powers, Stewart, 
Reese, Dougherty, Sullivan, Schmidt 
(23d Ward), Schmidt (24th' Ward), 
Hahne, Reinberg, Lipps, Raymer, Carey, 
Wendling, O'Connell Bihl, Hunt, Ruxton, 
Kohout, Hunter— 40. 

Nays — ^Dixon, Harding, Pringle, Fore- 
man, Dailey. McCormick (5th Ward), 
Potter, Young, Snow, Bennett, Harkin, 
Beilfuss, Dever, Conlon, Finn, McCor- 
mick (21st Ward), Williston, Dunn, 



Bradley, Burns, Roberts, Badenoch, 
Eidman— 23. 

Aid. Cullerton asked unanimous con- 
sent to introduce the ordinances as new 
matter. 

Which was granted. 

Aid. Snow moved that the subject 
matter be referred to the Committee on 
Building Department. 

The motion prevailed. 

The City Clerk submitted the follow- 
ing communication: 

City Clerk's Office, | 
December 4, 1905. ( 
To the Honorable^ the Mayor and City 
Council : 

Gentlemen — In accordance with the 
provisions of the Revised Municipal 
Code, I hereby make report of accept- 
ances and bonds, under ordinances which 
have been filed in this office since your 
last preceding meeting: Acceptance of 
P. M. Mueller & Co., under ordinance of 
November 27, 1905; acceptance of P. M. 
Mueller, under ordinance of November 
27, 1905; acceptance of Lambert Tree, 
under ordinance of September 25, 1905. 
Yours respectfully, 

A. C. Ansojst, 
City Clerk. 
Which was placed on file. 

ALSO, 

Sealed bids for the sale of the follow- 
ing described property of the City of 
Chicago, to-wit: Lot 24, Block 1, Nor- 
wood Park, a subdivision in Section 6, 
40, 13, known as 801 Hobart avenue, in 
Cook County, Illinois. 

Which bids were ordered opened and 
referred to the Committee on Finance. 

ALSO, 
The following communication: 

December 4, 1905. 
To the Mayor and City Council of the 
City of Chicago: 
Gentlemen — On account of the vari- 



December 4, 



1642 



1905 



ous votes of tlie peojDle of this city in 
favor of municipal ownership of the 
street railways and against the grant 
of any franchise to such railway com- 
pany, and on account of the reported 
probability of the passage by the Coun- 
cil of such franchises, the Municipal 
Ownership Delegate Convention demands 
that a public hearing be granted by the 
Council or the Committee on Local 
Transportation, to afford it an oppor- 
tunity to explain for the information of 
the City Council why no such ordinances 
should be passed, and also the extremely 
vicious provisions with which the pres- 
ent proposed ordinances teem. 

Wm. Bross Lloyd, 

Secretary. 
Which was placed on file. 

The Commissioner of Public Works 
submitted the following communication: 

Department of Public Works, 
Chicago, December 4, 1905. 

To the City Council of the City of 
Chicago: 

Gentlemen — I deem it necessary and 
advisable to lay water mains in the fol- 
lowing streets : 

East side Western avenue, from 51st 
street to 600 feet southward; size, 8 
inch; probable cost including hydrants 
and basin, $900.00; pays 12 cents. 

Hamlin avenue, from south line of 
Irving Park boulevard to 516 feet south- 
ward; probable cost including hydrants 
and basins, $774.00; pays 10 cents; size, 
8 inch. 

Fletcher street from 225 feet west of 
West Ravenswood Park, 550 feet west- 
ward; probable cost including hydrants 
and basins, $687.50; size, 6 inch. 

Euclid avenue, from 350 feet north of 
north, line of 68th street to 250 feet 
northward; Euclid avenue, from 25 feet 
south of north line of 71st street to 275 
feet northward; 71st street, from 25 
feet west of east line of Euclid avenue 
to 150 feet westward; size, 6 inch; prob- 



able cost including hydrants and basins, 
$843.75. For circulation. 
Respectfully, 
Joseph M. Patterson, 
Commissioner of Public Works. 
Wm. L. O'Connell, 
Deputy Commissioner. 

Aid. Hunter moved to concur in the 
recommendation and that the Commis- 
sioner of Public Works be authorized to 
lay water mains in accordance there- 
with. 

The motion prevailed by yeas and 
nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Pichert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th Avard), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, LIunt, Ruxton, 
Kohout, Hunter— 66. 

Nays — None. 

The Board of Local Improvements sub- 
mitted the following communication: 
Board of Local Improvements,) 
December 4, 1905. C 
Hon. Edward F. Dunne, Mayor, and 
Members of the City Council: 
Gentlemen^ — On November 27, an or- 
dinance Avas submitted to your Honor- 
able Body for the paving of Emerald 
avenue, from Archer avenue to 39th 
street, and on account of the estimated 
cost of the improvement being over 
$100,000.00 this ordinance was referred 
to the Committee on Streets and Alleys 
South. The Engineer's estimate on this 
improvement was made nearly two years 
ago, and since then some intersections 
have been paved and changes made in 



December 4, 



1G43 



1905 



the proceedings Mliicli necessitate an en- 
tire revision of this ordinance. We 
would, therefore, respectfully request 
that the ordinance be referred back to 
the Board for further action. 
Yours respectfully, 

John A. May, 

Secretary. 
Aid. McCormick (5th Ward), moved 
to concur in the request, and that the 
ordinance be re-referred to the Board of 
Local Improvements. 
The motion prevailed. 

ALSO, 

The following communication: 
Board of Local Improvements, 
December 4, 1905. 
Hon. Edward F. Dunne, Mayor, and 
Memhers of the City Council: 
Gentlemen — Pursuant to the enclosed 
order, I herewith submit a copy of the 
Engineer's estimate for the repairing of 
the asphalt pavement on West Adams 
street, from Centre avenue to West- 
ern avenue. 

Respectfully, submitted, 

John A. May, 

Secretary. 

Board of Local Improvements, 1 
Chicago, November 28, 1905. ( 
To the Board of Local Improvements of 
the City of Chicago: 
Gentlemen — From an examination of 
the condition of the asphalt pavement on 
West Adams street, from Centre avenue 
to Western avenue, I estimate that it 
will require 420 yards of repairs, which, 
at $2.50 per square yard (a price which 
should cover any new concrete founda- 
tion that might be necessary) amounts 
to $1,050.00. 

Yours respectfully, 

John B. Hittell, 
Chief Engineer of Streets. 
Aid. Finn moved that the matter be 
referred to the Committee on iP^nance. 
The motion prevailed. 



also, 

A report and ordinance establishing 
tlie grades of sundry streets. 

. By nnanimous consent, the ordinance 
was put upon its passage and passed by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Buifler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 
Nays — None. 



All Matters Presented by the Aldermen, 
Including Special Assessment, Im- 
provement and Repealing Ordinances 
Submitted by the Board of Local Im- 
provements, Arranged as to Ward 
Numbers, Beginning with the First 
Ward. 

FIRST WARD. 

Aid. Coughlin presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue a temporary permit to 
Columbia Phonograph Company to erect 
and maintain a banner 36 feet by 4 feet 
in front of premises, 88 Wabash avenue. 
Said banner shall be erected and main- 
tained in accordance with all rules and 
regulations of the Department of Public 
Works. This privilege shall be subject 
to termination by the Mayor at any 
time in his discretion. 

Which was on motion duly passed. 



December 4, 



1644 



1905 



Aid. Couglilin presented the following 
ordinance : 
Be it ordained hy the City Council of the 

City of Chicago : 

Sectiok 1. That permission and au- 
thority be and the same are hereby 
granted to the Women's Athletic Club, 
its successors and assigns, to construct 
and maintain a canopy, 18 feet in length 
and 11 feet in width over sidewalk space 
in front of premises known as 150 
Washington street, to be constructed ac- 
cording to plans approved by the Com- 
missioner of Public Works of the City of 
Chicago, and to be filed in his office; the 
said canopy shall be constructed in a 
safe and workmanlike manner under the 
supervision and to the satisfaction of the 
Commissioner of Public Works. 

Sectiox 2. The permission and au- 
thority hereby granted shall cease and 
determine ten (10) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
erection of the Mayor. In case of the ter- 
mination of the privileges herein granted 
by lapse of time, or by the exercise of 
the Mayor's discretion, as aforesaid, said 
grantee, its successors and assigns, shall 
restore said portion of the sidewalk at 
the place where said canopy is located to 
a condition satisfactory to the Commis- 
sioner of Public Works without cost or 
expense of any kind whatsoever to said 
City of Chicago, so that the portion of 
said sidewalk where said canopy had 
been located shall be put in the same 
condition, safe for public travel, as the 
other parts of said sidewalk in the same 
block. 

SectiojN- 3. No work shall be done un- 
der the authority of this ordinance until 
a permit authorizing the same shall have 
been issued by the Commissioner of Pub- 
lic Works, and no permit shall issue until 
the ■ grantee herein shall execute to the 
City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
($10,000) dollars, with sureties to be 
approved by the Mayor, conditioned to 



indemnify, save and keep harmless the 
City of Chicago from any and all lia- 
bility, cost, damage or expense of any 
kind whatsoever which may be suffered 
by it, said City of Chicago, or which it 
may be put to, or which may accrue 
against, be charged to or recovered from 
said city from or by reason of the pas- 
sage of this ordinance or from or by 
reason of any act or thing done under or 
by authority of the permission herein 
granted; and conditioned further to 
observe and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability there- 
on shall be kept in force throughout the 
life of this ordinance, and if at any time 
during the life of this ordinance such 
bond shall not be in full force, then the 
privileges herein granted shall thei'eupon 
cease. 

Section 4. During the life of this or- 
dinance said grantee, its successors and 
assigns, shall at all times keep the side- 
walk in v/hich such canopy is located in 
a condition satisfactory to the Commis- 
sioner of Public Works. 

Section 5. The permission and au- 
thority herein granted are upon the ex- 
press condition that said grantee, its 
successors and assigns, shall comply with 
all general ordinances of the City of 
Chicago now or hereafter in force, per- 
taining to and regulating the use of 
space underneath public sidewalks, and 
if compensation is required by any such 
ordinance to be paid to the City of Chi- 
cago for such use, the grantee herein, its 
successors and assigns, shall pay such 
compensation as is prescribed by any 
such ordinance. 

Section 6. This ordinance shall take 
effect and be in force from and after its 
passage and upon the filing within thirty 
(30) days of an acceptance, in writing, 
of this ordinance by said grantee, and 
the filing within the same time of the 
bond herein provided for. 

Which was on motion duly passed by 
veas and nays as follows: 



December 4, 



1645 



1905^ 



Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fiek, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Ulilir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward),^ Hahne, 
Williston. Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 

ISfays — None. 

Aid. Coughlin presented an ordinance 
in favor of Carson, Pirie, Scott & Co. 
for two additional stories on covered 
passageway across alley, running north 
and south from Monroe to Madison 
streets, etc., which was 

Referred to the Committee on Streets 
and Alleys, South Division. 



FOURTH WARD. 

Aid. Richert presented the claim of 
P. O'Connell for personal injuries, which 
was 

Referred to the Committee on Finance, 



FIFTH WARD. 

Aid. McCormick presented the claim 
of Michael Lucy for personal injuries, 
which was 

Referred to the Committee on Finance, 

Aid. Martin presented an order for 
paving witli asphalt 39th street, from 
Western to California avenues, which 
was 

Referred to the Board of Local Im- 
provements. 



SIXTH WARD. 

Aid. Young presented tlie following 
order : 

Whereas, The presence of the "kodak 
fiend," plying his vocation whenever and 



wherever he pleases, making whomever 
he chooses his victim regardless of cir- 
cumstances or surroundings, is becoming 
a general nuisance; and 

Whereas, One of Chicago's best-known 
and most highly esteemed citizens has 
recently been subjected to embarrass- 
ment and indignity by such intruders, 
under sucli painful circumstances as to 
make the act revolting to the heart of 
any man of average sensibilities ; there- 
fore 

Ordered, That the Corporation Coun- 
sel be directed to prepare such ordinance 
or amendment to the Revised Code, as 
in his opinion will best tend to elimin- 
ate the evil herein referred to, making 
such regulation particularly applicable 
to cases in which explosives are used, and 
providing adequate penalties for viola- 
tions thereof. 

Which was on motion duly passed. 

Aid. Young presented the claim of J. 
E. Jones for refund for repairs of side- 
walk, which was 

Referred to the Committee on Finance. 



SEVENTH WARD. 

Aid. Bennett presented the following 
orders : 

Ordered, That the City Comptroller be 
and he is hereby authorized and directed 
to make the following transfers in the 
appropriations for the Civil Service Com- 
mission, in accordance with the request 
of the Commission, dated December 1st, 
1905, and attached hereto. From an 
appropriation for "Examiner of Appli- 
cations and Miscellaneous" to- appro- 
priation for "Special Examiners" nine 
hundred ($900.00) dollars; from "Sec- 
retary's Salary" five hundred ($500.00) 
dollars; and from appropriation for "In- 
vestigations, Subpoeneas" to "Telephone 
and Extensions" seventy ($70.00) dol- 
lars, and to "Postage, Advertising, Sta- 
tionery, Books, Printing, Repairs, etc.," 
nine hundred ($900.00) dollars. 

Ordered, That the City Comptroller be 



December 4, 



1646 



1905 



and he is hereby authorized and directed 
to make the following transfers in the 
appropriation for the Comptroller's of- 
fice, as per his request of November 23d, 
1905, attached hereto: From "7-D," 
$1,000.00; from "7-F," $300.00; from 
"7-B," $2,100.00; all to "7-A;" and from 
"17-Miscellaneous," $60.35 to "17-Pay- 
ment of Judgments." 

Which were on motion duly passed. 

Aid. Bennett presented the claim of . 
Charles H. Case for payment of a bond, 
and claim of Pittsburgh Testing Labora- 
tory (Limited) for unpaid bill, which 
Avere 

Referred to the Committee on Finance. 



EIGHTH WARD. 

Aid. Moynihan presented the following 
orders : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to compel the Illinois Central 
Eailway Company to erect and maintain 
an arc light at 77th street on its South 
Chicago Branch. 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to compel the Illinois Central 
Railway Company to erect gates and 
maintain gateman at 83d street on its 
South Chicago Branch. 

Which were on motion duly passed. 

Aid. Moynihan presented an order di- 
recting the Finance Committee to inves- 
tigate the water rate charges assessed 
against premises 9008 The Strand, which 
was 

Referred to the Committee on Finance. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for curbing, filling and paving 
with slag macadam 89th street, from 
Houston avenue to Erie avenue. 

By unanimous consent on motion of, 
Aid. Jones, the ordinance was passed and 
the estimate therewith approved by yeas 
and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 



ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 
Nays — None. 

ALSO, 

A recommendation, ordinance and esti- 
mate for curbing, filling and paving with 
slag macadam Erie avenue, from 87th 
street to 90th street. 

By unanimous consent, on motion of 
Aid. Moynihan, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Sno^v, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Rux'ton, 
Kohout, Hunter— 66. 

Ways — None. 



TENTH WARD. 

The Board of Local Improvements sub- 
mitted a report and ordinance repealing 
an ordinance for the improvement of 
Blue Island avenue, from West 18th 
street to West 22d street. 

Which was, on motion of Aid. Hurt, 
deferred. 



December 4, 



1647 



1905 



ELEVENTH WARD. 

Aid. CuUerton presented the following 
-order: 

Ordered, That the Commissioner of 
Public Works issue a permit to William 
Tumbler to string a linen sign across 
the sidewalk in front of his premises 
during the holidays, at 817 West 21st 
street. The permit to be revocable at 
the svill of the authorities. 

Which was on motion duly passed. 

Aid. Hoffman presented tlie following 
order : 

Ordered, That the City Electrician be 
and he is hereby directed to place an 
electric light at the intersection of 18th 
place and Paulina street. 

Which was on motion duly passed. 



TWELFTH WARD. 

Aid. Zimmer presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be directed to let the con- 
tract for wiring the fire engine house 
at 13th street and Oakley avenue in com- 
pliance with the attached bid. 

Which was on motion duly passed. 

Aid. Zimmer presented an ordinance 
for vacating the alley north and west of 
Lot 43 and west of Lots 42 and 41, in 
Block 5, in McMahan's Subdivision, 
which was 

deferred to the Committee on Streets 
and Alleys, West Division. 



THIRTEENTH WARD. 

Aid. Considine presented the following 
resolution : 

Whereas, An honorable and useful 
member of the Board of County Commis- 
sioners, a faithful public servant, Hon- 
orable John V. Kopf, has been suddenly 
called away by the hand of death from 
his field of usefulness and from a loving 
family; and 

Whereas, The Board of which he was 
a member is a co-ordinate legislative 



body and has, as such, close and intimate 
relationship with the City Council. 

Resolved, That the City Council here- 
by expresses its sympathy to the family 
of County Commissioner Kopf in this 
their hour of bereavement, and that a 
copy of this resolution be spread upon 
the records. 

Aid. Paley moved the adoption of the 
resolution. 

The motion prevailed. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and, 
estimate for curbing, grading and pav- 
ing witli asphalt North Avers avenue, 
from West Lake street to the Chicago 
and Northwestern Railway (Galena Di- 
vision) . 

By unanimous consent, on motion of 
Aid. Considine, the ordinance was passed 
and ithe estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, E,ichert, Dailey, 
McCormiek (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormiek (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siew^ert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Kuxton, 
Kohout, Hunter— 66. 

Ways — None. 



FIFTEENTH WARD. 

Aid. Beilfuss presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to have a 2-inch supply pipe laid 
from water main to Norwegian Lutheran 
Tabitha Hospital, Francisco and Thomas 
streets, free of charge, as per attached 
communication. 

Which was on motion duly passed. 



December 4, 



1648 



1005 



Aid. Beilfuss presented the claim of T. 
H. Schultz & Co. for rebate on special 
assessment, which was 

Referred to the Committee on Finance. 



SIXTEENTH WARD. 

Aid. Xowicki presented the following 
order : 

Ordered, That the Commissioner of 
Buildings and the Superintendent of the 
Water Department be and they are here- 
by directed to issue free permit for the 
erection of St. Stanislaus School Hall, 
and free permit for the use of water 
during the construction of same. Lo- 
cation of proposed school hall being No. 
645-655 Xoble street, Chicago. 

Vrhicli was on motion duly passed. 

Aid. Xowicki presented an order to 
permit the owner of premises, No, 312 
West North avenue, to enclose porch in 
rear of said premises, which was 

Referred to the Committee on Build- 
ing Department. 



EIGHTEENTH WARD. 

Aid. Conlon presented the following 
orders : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue a permit to the Stock 
Yards Meat Market to string a canvas 
sign in front of 290 West Madison street. 
Said sign to be placed in accordance with 
the rules and regulations of the Depart- 
ment of Public Works, and said permit 
to be subject to revocation at any time 
in the discretion of the Mayor. 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue permit to the West End 
Dry Goods store to string a muslin sign 
in front of their store at the corner of 
Madison and Peoria streets. Said sign 
to be placed in accordance with the rules 
and regulations of the Department of 
Public Works, and said permit to be 



subject to revocation at any time in the 
discretion of the Mayor. 

Which were on motion duly passed. 



NINETEENTH WARD. 

Aid. Powers presented the claim of 
Antonio Perroni for compensation on ac- 
count of personal injuries, which was 

Referred to the Committee on Finance. 

Aid. Ryan presented the following 
orders : 

Ordeixd, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue a permit to Simon Con- 
tarsy to erect and maintain a mortar in 
front of drug store at No. 398 West Tay- 
lor street; said mortar to be erected in 
accordance with the rules and regula- 
tions of the Department of Public Works, 
and the permit to be subject to revoca- 
tion at any time in the discretion of the 
Mayor. 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue a permit to the Pioneer 
Paper Stock Company to construct and 
maintain a temporary sidewalk and plat- 
form from the edge of the curb to the 
building line in front of premises No. 
325-7-9 South Desplaines street for a 
period of 90 days. Compensation to be 
fixed by the Committee on Compensation.. 

Which were on motion duly passed. 



TWENTIETH WARD. 

Aid. Finn presented the following or- 
dinance: 
Be it ordained by the City Council of the 

City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to "The Pabst Brewing Com- 
pany," a corporation, its successors and 
assigns, to construct and maintain one 
opening three and one-half (3i4) feet 
wide by four (4) feet long, with iron 



December 4, 



1649 



1905 



cover for same, in the sidewalk space 
oil the Paulina street side of the build- 
ing located at the southeast corner of 
Paulina street and Van Buren street, and 
known as No. 616 West Van Buren 
street, to be constructed according to 
plans approved by the Commissioner of 
Public Works of the City of Chicago, and 
to be filed in his office; the said opening 
shall be constructed in a safe and work- 
manlike manner under the supervision 
and to the satisfaction of the Commis- 
sioner of Public Works. 

Section 2. The permission and au- 
thority hereby granted shall ceasg and 
determine ten (10) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
cretion of the Mayor. In case of the 
termination of the privileges herein 
granted by lapse of time, or by the exer- 
cise of the Mayor's discretion, as afore- 
said, said grantee, its successors and as- 
signs, shall restore said portion of the 
sidewalk at the place where said open- 
ing is located to a condition satisfactory 
to the Commissioner of Public Works 
without cost or expense of any kind 
whatsoever to said City of Chicago, so 
that the portion of said sidewalk where 
said opening had been located shall be 
put in the same condition, safe for pub- 
lic travel,- as the other parts of said 
sidewalk in the same block. 

Section 3. No work shall be done un- 
der the authority of this ordinance until 
a permit authorizing the same shall have 
been issued by the Commissioner of Pub- 
lic Works, and no permit shall issue un 
til the grantee herein shall execute to 
the City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
($10,000.00) dollars, with sureties to be 
approved by the Mayor, conditioned to 
indemnify, save and keep harmless the 
City of Chicago from any and all lia- 
bility, cost, damage or expense of any 
kind whatsoever, which may be suf- 
fered by it. said City of Chicago, or 
which it may be put to, or which may 
accrue aofainst, be charged to or recovered 



from said city from or by reason of the 
passage of this ordinance or from or by 
reason of any act or thing done under 
or by authority of the permission herein 
granted; and conditioned further to ob- 
serve and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability there- 
on shall be kept in force throughout the 
life of this ordinance, and if at any time 
during the life of this ordinance such 
bond shall not be in full force, then the 
privileges herein granted shall there- 
upon cease. 

Section 4. During the life of this or- 
dinance said grantee, its successors and 
assigns, shall at all times keep the side- 
walk in which such opening is located 
in a condition satisfactory to the Com- 
missioner of Public Works. 

Section 5. The permission and au- 
thority herein granted are upon the ex- 
press condition that said grantee, its 
successors and assigns, shall comply with 
all general ordinances of the City of Chi- 
cago now or hereafter in force, pertain- 
ing to and regulating the use of space 
underneath public sidewalks, and if com- 
pensation is requred by any such ordi- 
nance to be paid to the City of Chicago 
for such use, the grantee herein, its suc- 
cessors and assigns, shall pay such com- 
pensation as is prescribed by any such 
ordinance. 

Section 6. This ordinance shall take 
efifect and be in force from and after its 
passage and upon the filing within thirty 
(30) days of an acceptance, in writing, 
of this ordinance by said grantee, and 
the filing within the same time of the 
bond herein provided for. 

Which was on motion duly passed by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Pick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton. Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 



December 4, 



1650 



1905 



Avicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoeh, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 
Nays — None. 



TWENTY-SECOND WARD. 

Aid. Sullivan presented the following 
order : 

Ordered, That the Board of Local Im- 
provements be and they are hereby di- 
rected to take immediate steps to have 
IReese street, between Halsted street and 
Clybourn avenue, repaired. Said street 
Avas paved about a year and a half ago 
and is now in a dangerous condition. 

Which was on motion duly j)assed. 

Aid. Sullivan presented an ordinance 
vacating alley in Block 69, Elston Addi- 
tion to Chicago, etc., which Avas 

Referred to the Committee on Streets 
and Allevs, Xorth Division. 



TWENTY-FIFTH WARD. 

Aid. Williston presented the following 
order : 

Ordered, That the City Electrician be 
and he is hereby directed to issue a per- 
mit to Thomas E. Edgeland to string a 
private telephone wire from his residence, 
3008 Lakewood avenue, across the alley 
to private residence, 3008 Magnolia ave- 
nue. Said wire shall be erected and 
maintained in accordance wdth all rules 
and regulations of the Department of 
Electricity. This privilege shall be sub- 
ject to termination by the Mayor at any 
time in his discretion. 

Which was on motion duly passed. 

The Board of Local Improvements sub- 
mitted an ordinance for a new assessment 
to pay the unpaid balance of the cost of 
constructing- a cement sidewalk, six feet 



in width on both sides of Evanston ave- 
nue, from Devon avenue to the right of 
way of the Chicago, Milwaukee and St. 
Paul Railroad, etc. 

By unanimous consent, on motion of 
Aid. VVilliston, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Robert*, O'Connell, 
Badenoeh, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter — 66. 

Nai/s — None. 



TWENTY-SIXTH WARD. 

Aid. Lipps presented the claim of S. D. 
Childs for material furnished the city, 
which was 

Referred to the Committee on Finance. 



TWENTY-bEVENTH WARD. 

Aid. Siewert presented the following 
orders : 

Ordered, That the City Electrician be 
be and he is hereby directed to have 
street lamps put in service on North 
Lawndale, from Cortland street to 
Bloomingdale road. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service on North 41st ave- 
nue, Armitage to Dickens. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service on McLean avenue, 



December 4, 



1651 



1905 



from North 43cl avenue to North 44th 
avenue. 

Ordered, That the City Electrician be 
and he is hereby directed to have a 
street lamp put in service, corner North 
Hamlin and McLean avenue. 

Ordered, That the City Electrician be 
and he is hereby directed to have a 
street lamp put in service, corner North 
Albany and Eddy street. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service on North Central 
Park avenue, from Humboldt avenue to 
Belden avenue, and on Belden avenue, 
from Central Park to Hamlin avenue. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service on Columbia street, 
from Lawndale avenue to C, M. & St. 
Paul tracks. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service on 41st court, from 
Armitage to Humboldt; on 43d avenue, 
from Armitage to Humboldt; on Tripp 
avenue, from Armitage to Humboldt; on 
Costello, from 43d avenue to 44th ave- 
nue; on North 44th avenue, from Armi- 
tage avenue to Cortland street. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service, corner Humboldt 
street and Wellington street, and corner 
North 47th avenue and Berteau street, 
and corner Byron and North 48th ave- 
nue, and corner Belmont and Avondale 
avenue; on Irving Park boulevard, from 
Kimball avenue east to Kedzie avenue. 

Ordered, That the City Electrician be 
and he is hereby directed to have a 
street lamp put in service, corner West 
Diversey and Fairfield avenue; corner 
Mozart street and Wellington street. 

Ordered, That the City Electrician be 
and he is hereby directed to have street 
lamps put in service on Dickens avenue, 
from Lawndale to Hamlin, and on North 
Avers avenue, from Armitage to Dickens. 



Ordered, That the City Electrician be 
and he is hereby directed to have a fire 
alarm box erected at North 40th avenue 
and Berteau street and North Hamlin 
avenue and Berteau street. 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to have a Avater main laid in Lin- 
den place, from Humboldt boulevard east 
as far as revenue will pay for same 
about 400 feet, provided the same will 
pa}^ a permanent annual revenue of ten 
cents per lineal foot. 

Which were on motion duly passed. 

Aid. Siewert presented an order for 
sewer in North 56th court, from Grand 
to Belden avenues, which was 

Referred to the Board of Local Im- 
provements. 

Aid. Butler presented the following or- 
der: 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to have a water main laid in Co- 
lumbia avenue, from North 51st avenue 
west 200 feet to cover two houses, pro- 
vided the same will pay a permanent an- 
nual revenue of ten cents per lineal foot. 

Which was on motion duly passed. 

Aid. Butler presented an order to per- 
mit Fannie Tegal to complete building 
at No. 893 Ballou street, which was 

Referred to the Committee on Build- 
ing Department. 

Aid. Butler presented an order direct- 
ing the Commissioner of Public Works 
to have the C, M. & St. P. R. R. provide 
a safe crossing on North 56th avenue, 
which was 

Referred to he Committee on Streets 
and Alleys, West Division. 

Aid. Butler presented orders: • 

For sidewalks on both sides of 42d 

court, 43d avenue and 43d court, from 

Grace street to Irving Park boulevard. 

For sidewalks on both sides of Byron 



December 4, 



1653 



1905 



street, from 42d avenue to 43d court, 
which. Avere 

Eeferred to the Board of Local Im- 
provements. 



TWENTY-NINTH WARD. 

Aid. Wendling presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to issue permits for muslin signs 
for holiday trade, to be good until Janu- 
ary 4, 1905, and to be revoked at any 
time by His Honor, the Mayor. 

Which was on motion duly passed. 



THIRTIETH WARD. 

Aid. Burns presented the claim of Mc- 
Nichols & Cogan for work done on Ellis 
avenue, between 44th and 46th streets; 
which was 

Referred to the Committee on Finance. 

Aid. Bradley presented claims of A. B. 
Pease for decrease of water tax and A. 
Sivore for rebate on saloon license, which 
were 

Referred to the Committee on Finance. 



THIRTY-SECOND WARD. 

Aid. Eidmann presented an order for 
paving with asphalt West 73d street, 
from Halsted street to the right of way 
of C. & W. I. R. R., which was 

Referred to the Board of Local Im- 
provements. 

The Board of Local Improvements sub- 
mitted the following ordinance: 

AN ORDINANCE 

Repealing an ordinance for water supply 
pipes in a system of streets as fol- 
lows, to-wit: 79th street from Cot- 
tage Grove avenue to Langley avenue, 
Langley avenue from 78th street to 
79th street, Evans avenue from 78th 
street to 79th street, in the City of 



Chicago, County of Cook and State of 

Illinois. 
Be it ordained by the City Council of the 

City of Chicago : 

Section 1. That the ordinance en- 
titled "An ordinance for water supply 
pipes in a system of streets as follows, 
to-wit: 79th street from Cottage Grove 
avenue to Langley avenue, Langley ave- 
nue from 78th street to 79th street, 
Evans avenue from 78th street to 79th 
street, passed September 25, 1905, be 
and the same is hereby repealed, and 
that the assessment made under the pro- 
visions of said ordinance^ Docket 30470 
of the County Court of said County, be 
and the same is hereby annulled. 

Section 2. This ordinance shall be in 
force from and after is passage. 

Which was on motion duly passed by 
yeas and nays as follows : 

Yeas— Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harin, Beilfuss, Smith, No- 
wicka, Dever, Sitts, Ryan, Powers, Finn, 
Stewart, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 

Nays — None. 



THIRTY-FOURTH WARD. 

Aid. Ruxton presented the following 
order : 

Ordered, That the Committee on Fi- 
nance be and it is hereby directed to in- 
clude in the budget for 1906, an item 
for a police station in the territory or 
district between Central Park, Fortieth 
and Ogden avenues, as the needs of this 
district for a station are imperative. 



December 4, 



1653 



1905 



Which was referred to the Committee 
on Finance. 

Aid. Euxton presented an order for 
an assessment for a water main in West 
Taylor street, from 42d to 43d avenues, 
which was 

Referred to the Board of Local Im- 
provements. 



THIRTY-FIFTH WARD. 

Aid. Hunter presented the following 
order : 

Ordered, That cinders from all pump- 
ing stations be utilized for the repair of 
sidewalks, streets or street intersections 
in the wards adjacent and conveniently 
located to said pumping stations, and 
that the Commissioner of Public Works 
so notify the engineers and ward super- 
intendents. 

Which was ordered deferred to be 
taken up with the veto message of His 
Honor, the Mayor, presented November 
27, and deferred. 

Aid. Hunter presented the following 
resolution : 

Whereas, The City Council has 
pledged itself to wait a referendum vote 
of the people on the acceptance or rejec- 
tion by a vote of the people, of any or- 
dinance or ordinances proposed to be 
passed affecting a settlement of the trac- 
tion question; and. 

Whereas, A resolution was hereto- 
fore passed, providing that members of 
the City Council would assist in procur- 
ing signatures necessary to assure the 
placing of these propositions on the bal- 
lot; therefore be it 

Resolved, That as soon as the City 
Council shall, in accordance with the 
referendum resolution heretofore adopt- 
ed, approve the form of the question to 
be placed on the ballot, the City Clerk 
shall prepare and supply a sufficient 
quantity of properly headed blank peti- 
tions, conforming to legal requirements 



of the public policy act, and that they 
be furnished to the Aldermen of every 
A\ard for circulation, and that the Al- 
dermen of every ward are hereby re- 
(^uested to procure the necessary number 
of names through their respective ward 
organizations, to the end that all ordi- 
nances be submitted to popular vote at 
the coming election in April, 1900. 

Aid. Hunter moved that the resolution 
be adopted. 

Aid. Dever moved to substitute for 
Aid. Hunter's resolution that of his own, 
as published at page 1608 of the Council- 
Proceedings of November 27, 1905. 

POINTS OF ORDER. 

Aid. Cullerton made the point of or- 
der that a substitute was out of place 
at this stage of the proceedings. 

Aid. Foreman raised the point of or- 
der that the proposed substitute referred 
to an entirely different matter and was 
not germain to the resolution under dis- 
cussion. 

The Chair ruled that Aid. Dever's reso- 
lution related to the same subject mat- 
ter and Avas germain and regular, and 
therefore the points of order were not 
well taken. 

Aid. Foreman moved to lay the sub- 
stitute of Aid. Dever on the table. 

The motion prevailed by yeas and 
nays as follows: 

Yeas — Dixon, Pringle, Foreman, Mar- 
tin, Potter, Young, Snow, Bennett, Jones, 
Moynihan, Harris, Hurt, Scully, Hoff- 
man, Cullerton, Maypole, Smith, Con- 
Ion, Powers, Stewart, McCormick (21st 
Ward), Reese, Sullivan, Schmidt (23d 
W\ard), Schmidt (24th Ward), Halme, 
Williston, Dunn, Reinberg, Lipps, But- 
ler, Siewert, Raymer, Larson, Carey, 
Wendling. Burns, Roberts, Badenoch, 
Eidmann. Bihl, Hunt, Ruxton, Hunter 
—44. 

¥ai/s— Coughlin, Kenna, Harding, Rich- 
ert, Dailey, McCormick (5th Ward), 
Pick, Uhlir, Zimmer, Considine, Ri>y, 
Harkin, Beilfuss, Nowicki, Dever, Sitts, 



December 4, 



1654 



1905 



Ryan, Finn, Dougherty, Bradley, O'Con- 
nell, Kohout — 22. 

Aid. Foreman moved that the resolu- 
tion presented by Aid. Hunter be pub- 
lished and deferred for one week. 

The motion prevailed. 



REPORTS OF VARIOUS COMMITTEES 
TO THE COUNCIL. 

FINANCE. 

The Committee on Finance, to whom 
was referred claim of William McGeoghe- 
gaii for payment of doctor's bills etc., 
submitted a report recommending the 
passage of an accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 

To the Mayor and Aldermen of the City 
of Chiougo in Council Assembled: 

Your Committee on Finance, to whom 
was referred claim of William McGeoghe- 
gan, for payment of doctor's bills, and 
other expenses, incurred on account of 
injury received while in the performance 
of his duty, having had the same under 
advisement, beg leave to report and rec- 
ommend the passage of the following or- 
der : 

Ordered, That the City Comptroller 
be and he is hereby authorized and di- 
rected to pay to William McGeoghegan 
the sum of $340.00, same to be in full 
of all claims for expenses and doctor's 
bills incurred, and all other claims of 
whatever kind or nature arising from 
injuries received on June 21st while in 
the performance of his duties, and charge 
same to the Finance Committee Fund, 
appropriations 1905, official record Feb- 
ruary 18, 1905, page 2578. 

Feank I. Bennett. 

Chairman. 



ALSO, 

The same Committee, to whom was re- 
ferred an order directing the laying of 
a sixteen-inch water main in Centre ave- 
nue from 35th to 38th streets and in 
38th street from Centre avenue to Mor- 
gan street, submitted a report recom- 
mending the passage of an accompanying 
substitute order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 
To the 31 ay or and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred order directing the laying 
of 16 -inch water main in Centre avenue 
from 35th to 38th streets, and in 38th 
street from Centre avenue to Morgan 
street, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following or- 
der : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to lay 16-inch water main in 
Centre avenue from 35th to 38th streets, 
and in 38th street from Centre avenue 
to Morgan street, in accordance with the 
recommendation of the Commissioner of 
Public Works and of the Fire Depart- 
ment attached hereto, and under an ease- 
ment in private property as per articles 
of agreement attached hereto, and ap- 
proved by the Corporation Counsel. 
Frank I. Bennett, 

Chah-man. 
also, 

The same Committee, to whom was 
referred the claim of Jeremiah Kennelly 
for payment of wages during suspension, 
submitted a report recommending the 
passage of an accompanying order. 

Aid. Bennett moved that the report be 
deferred and published. 
The motion prevailed. 



December 4, 



1655 



1905 



The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the GUy 
of CJiicago in Council Assembled: 
Your Committee on Finance, to whom 
was referred claim of Jeremiah Kennel- 
ly, for payment of wages during suspen- 
sion, having had the same under advise- 
ment, beg leave to report and recom- 
mend the passage of the following or- 
der: 

Ordered, That the General Superin- 
tendent of Police be and he is hereby 
authorized and directed to issue a vouch- 
er in favor of Jeremiah Kennelly in pay- 
ment of seventeen (17) days' time lost 
during suspension, in accordance with 
his recommendation of October 25, 1905. 
attached hereto, and the Comptroller is 
ordered to pay the same from Miscel- 
laneous Appropriation for the Police De- 
partment. 

Frank I. Bennett, 

Chairman. 

ALSO, 

The same Committee, to whom was 
referred claim of Margaret T. Burke et 
al. for payment of damages on account 
of track elevation, submitted a report 
recommending the passage of an accom- 
panying order. 

Aid. Bennett maved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report : 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Council Assembled: 
Your Committee on Finance, to whom 
was referred claim of Margaret T. Burke 
et al., for payment of damages on ac- 
count of track elevation, having had the 
same under advisement, beg leave to 
report and recommend the passage of the 
following order: 

Ordered, That the Corporation Coun- 
sel be and he is hereby authorized and 
directed to allow a judgment to be 
taken against the City in favor of Mar- 
garet T. Burke, Johanna F. Burke and 



Mary C. Salles in the sum of One Thou- 
sand Dollars ($1,000.00), same to be in 
full of all claims of damages of what- 
ever kind or nature to property known 
as Lot 10, Block 20, Sheffield's addition 
to Chicago, otherwise known as 890-892 
Ashland avenue, by reason of the eleva- 
tion of the tracks of the Chicago, Mil- 
waukee and St. Paul Railway Co. in 
Bloomingdale Boad, in accordance with 
the recommendation of the Corporation 
Counsel, under date of September 19, 
1905, attached hereto. 

Frank I. Bennett, 

Chairman. 

ALSO, 

The same Committee, to whom was 
referred a communication from His Hon- 
or, the Mayor, relating to the appoint- 
ment of a local transportation expert, 
submitted a report recommending the 
passage of an accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 
7'o the Mayor and Aldermen of the City 
of Chicago in Council Assembled: 
Your Committee on Finance, to whom 
was referred communication from His 
Honor, the Mayor, relating to the ap- 
pointment of a local transportation ex- 
pert, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the follovv^ing or- 



der: 



;*^ 



Ordered, That the Mayor be and he is 
hereby authorized to appoint a man, at 
a salary not to exceed Two Hundred and 
Fifty Dollars ($250.00) per month, un- 
til the consideration of the appropriation 
bill of 1908, said appointee to act under 
the direction of the Mayor or Commis- 
sioner of Public Works, and Avhose du- 
ties shall be to look after and investi- 
gate complaints against street car com- 
panies and to enforce existing ordinances. 
Frank I. Bennett, 

Chairman. 



December 4, 



1656 



1905 



ALSO, 

The same Committee, to whom was 
referred claim of Margaret M. Elliott 
for compensation for damages to prop- 
erty, submitted a report recommending 
the passage of an accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report : 

Chicago, December -i, 1905. 
To the 2Jayor mid Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred claim of Margaret M. El- 
liott for compensation for damages to 
property, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following, or- 
der: 

Ordered, That the Corporation Coun- 
sel be and he is hereby authorized and 
directed to allow judgment to be taken 
against the city in favor of Margaret 
M. Elliott in the sum of Five Hundred 
Fifty Dollars ($550.00), same to be in 
full of all claims for damages to prop- 
erty known as Lot 2, lying south of 
Chicago and Northwestern railroad 
tracks in Block 15, Irving Park, being a 
subdivision of the southeast 14 of Sec- 
tion 15 and the north % of the north- 
east 14 of Section 22, all in Township 
40 North, Range 13; otherwise known 
as No. 2533 North 43d court, by reason 
of the elevation of the tracks of the 
Chicago and Northwestern railroad at 
that point. 

This action is taken in accordance 
with the recommendation of the Cor- 
poration Counsel, under date of October 
26, 1905, attached hereto. 

Frank I. Bennett, 

Chairman. 
also. 

The same Committee, to whom was 
referred an order transferring three hun- 
dred fifty-four thousand ninety-two and 
eighty-three hundredths dollars ($354,- 



092.83 ) , from the corporate fund to the 
special assessment old law fund, sub- 
mitted a report recommending the pas- 
sage of an accompanying substitute or- 
der. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 

To the Mayor and Aldermen of the City 
of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred order transferring three 
hundred fifty-four thousand ninety- 
two and eighty-three one -hundredths 
dollars ($354,092.83), from the corpor- 
ate fund to the special assessment old 
law fund, having had the same under 
advisement, beg leave to report and 
recommend the passage of the following 
order, in accordance with a recommen- 
dation of a sub-committee, dated De- 
cember 1, 1905, attached hereto. 

Whereas, By the report of Haskins 
& Sells concerning the condition of the 
special assessment fund, under date of 
Dec. 31, 1903, it was shown that the 
sum of $354,092.83 was wrongfully 
taken or withheld from the special as- 
sessment (old law) fund and placed to 
the credit of the corporate fund, the 
same being summarized as follows : 
Transfers by Council Finance 

Committee and Comptroller 

from special assessment to 

general fund $217,291.42 

Assessment account loss of 

D. A. Gage 33,667.05 

Corporate judgment paid from 

special assessment fund. . . 15,000.00 
Shortage of annexed towns.. 71,791.02 

Shortage Oct. 9, 1871 34,641.10 

Failure to provide for Coun- 
ty Collector's commissions 

and sundry other items as 

per Haskins & Sells report. 51,140.03 



Total 



$423,530.62 



December 4, 



1657 



190D 



Less: 

Transferred from 
corporate fund 
to special assess- 
ment fund $57,717.72 

Disbursements from 
corporate belong- 
ing to special 
assessment fund 11,720.07 $ 69,437.79 



$354,092.83 
And, Whereas, By reason of the. sub- 
sequent adjustment of said sum it is 
properly shown on September 30, 1905, 
to be $352,260.02; therefore, be it 

Ordered, That for the purpose of dis- 
charging the liability of the city to the 
special assessment (old law) fund by 
reason of the taking or withholding of 
funds belonging to the said special as- 
sessment (old law) fund as herein 
stated, and of enabling the payment of 
claims rightfully held against the said 
special assessment (old law) fund, the 
Comptroller be and he is hereby author- 
ized and directed to restore to the special 
assessment (old law) fund from the 
corporate fund the sum of $352,260.02, 
the same being the amount shown to be 
due September 30, 1905. 

Frank I. Bennett, 

Chairman. 

ALSO, 

The same Committee, to whom was re- 
ferred petition of E. A. Warfield for quit 
claim deed, submitted a report recom- 
mending the pasage of an accompanying 
order. 

Aid, Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report : 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 

of Ghioago in Council Assembled: 

Your Committee on Finance, to whom 
Avas referred petition of E. A. Warfield 
for quit claim deed to property in Wash- 
ington Heights, having had the same un- 



der advisement, beg leave to report and 
recommend the passage of the following 
order : 

Ordered, That the Mayor and the City 
Clerk be and they are hereby author- 
ized and directed to issue a quit claim 
deed of the City's interest in and to Lot 
21, Block 1, Board of Trade Subdivision 
No. 1, being a subdivision of the east 
half of the southeast quarter of the 
southwest quarter of Section 7, 37, 14, 
to the owner of the equity of record of 
said property on a release to the city 
from- said owner of equity of record of 
said property covering all possible dam- 
age which might have ocurred to the 
interest of said owner of equity of rec- 
ord. This action is taken in accordance 
with the terms of the deed conveying 
said property to the Village of Wash- 
ington Heights for a certain specific pur- 
pose, and providing for the reversion of 
title in case said premises were not used 
for said purpose, and upon the report of 
the City Engineer, under date of Octo- 
ber 23d, 1905, that the property has not 
been used for these specific purposes, 
and will not be so used, and an opinion 
of the Corporation Counsel, dated No- 
vember 22d, 1905, and a recommendation 
of a sub-committee, dated December 1st, 
1905, all attached hereto. 

Frank T. Bennett, 

Chairman. 

ALSO, 

The same Committee, to whom was 
referred petition of Armour Mission for 
decrease of water tax, submitted a re- 
port recommending the passage of an 
accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred petition of Armour Mission 



December 4, 



1658 



1905 



for decrease of water tax, having had 
the same under advisement, beg leave 
to report and recommend the passage 
of the following order: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to decrease the 
water taxes assessed against property, 
up to May, 1905, known as Armour 
Flats, standing in the name of Armour 
Mission, up to the amount of five thou- 
sand three hundred and forty- three and 
no one-hundredths ($5,343.00) dollars 
on the properties named in statement 
made by water department and attached 
hereto. 

This action is taken in accordance 
with the opinion of the Corporation 
Counsel under date of November 9, 1905, 
attached hereto. 

Frank I. Bennett, * 
Chairman. 

ALSO, 

The same Committee, to whom was 
referred request of the Commissioner of 
Public Works to allow extras for addi- 
tional footing for Drake Fountain, sub- 
mitted a report recommending the pas- 
sage of an accompanying order. 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred request from Commissioner 
of Public Works to allow extras on re- 
moval of I>rake F'ountain for additional 
footing, having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the following order: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to allow a bill of 
extras not to exceed four hundred forty 
and no one-hundredths ($440.00) dol- 
lars, as per estimate of Holabird & Roche 



attached hereto, for the extra footing 
necessary under the Drake Fountain at 
its new location. 

Frank I. Bennett, 

Chairman. 

ALSO, 

The same Committee, to whom was 
referred bids for the collection and dis- 
position of garbage, submitted a re- 
port as follows: 

Aid. Bennett moved that the report 
be deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Finance, to whom 
was referred bids for the collection and 
disposition of garbage, having had the 
same under advisement, beg leave to re- 
port and recommend that all bids be re- 
jected and that the Commissioner of 
Public Works prepare specifications 
along the line of his views on the col- 
lection and disposition of garbage, and 
submit bids on said specifications, when 
received, to the City Council, early 
enough for action by the Finance Com- 
mittee in taking up the annual budget. 
Frank I. Bennett, 

Chairman. 

ALSO, 

The same Committee, to w^hom was 
referred claim of John Larney, for com- 
pensation for track elevation damage; 
Fred S. James & Co. for refund of in- 
surance tax (adverse recommendation of 
Corporation Counsel attached hereto) ; 
resolution directing the Finance Com- 
mittee to take up and report a plan 
for taking care of storm water north 
of 87th street, having had the same 
under advisement, beg leave to report 
and recommend that the same be placed 
on file. 

Aid. Bennett moved to concur in the 
report. 

The motion prevailed. 



December 4, 



1659 



1905 



LOCAL TRANSPORTATION. 

The Committee on Local Transporta- 
tion, to whom was referred an ordi- 
nance authorizing the Chicago City 
Railway Company to maintain and 
operate a system of street railways, an 
ordinance authorizing the North Chi- 
cago Street Railroad Company to main- 
tain and operate a system of street 
railways and an ordinance authorizing 
the West Chicago Street Railroad Com- 
pany to maintain and operate a sys- 
tem of street railways submitted a re- 
port as follows: 

Aid. Young moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 
of Ghioago in Council Assembled: 
Your Committee on Local Transpor- 
tation, to Avhom was referred an ordi- 
nance authorizing the Chicago City Rail- 
way Company to maintain and operate 
a system of street railways in certain 
streets and public ways in the City of 



Chicago; and an ordinance authorizing 
the North Chicago Street Railroad Com- 
pany to maintain and operate a system 
of street railways in certain streets and 
public ways in the City of Chicago; and 
an ordinance authorizing the West Chi- 
cago Street Railroad Company to main- 
tain and operate a system of street rail- 
ways in certain streets and public ways 
in the City of Chicago; having had the 
same under advisement, beg leave to re- 
port and recommend that said ordinance 
be considered by the Committee on the 
Whole in the manner provided for by. 
the certain referendum resolution 
adopted by the City Council October 16, 
1905 (Council Proceedings, page 1267), 
and then submitted to the voters of 
Chicago at the city election to be held 
next April under the provisions of an 
act providing, 

"For an expression of opinion by 
the electors on questions of public 
policy at any general or special elec- 
tion." In force July 1, 1901, Chap. 
46, R. S., Par. 428. 

Linn H. Young, 
Acting Chairman. 



REPORT OF THE COMMITTEE. 

To the City Council of the City of Chicago: 

Your Committee on Local Transportation reports herewith settlement ordinances 
for The Chicago City Railway Company, West Chicago Street Railroad Company, 
and North Chicago Street Railroad Company, to settle all pending differences be- 
tween the City and said corporations, and providing for the prompt reconstruction 
of their lines and a unified service for the South, West and North divisions of the 
City. 

We submit these ordinances with the recommendation that, after consideration 
and favorable action by the Committee of the Whole, they lie on the table until after 
the City election in April next, meanwhile the City Council taking the nece.^sary 
steps for their submission to the voters under the Public Opinion Aet, as per the ref- 
erendum rules recently adopted. 

We desire briefly to call attention to the traction situation and to the merits of 
these ordinances as the one practical solution of a problem of extraordinary complex- 
ity and difficulty, and as the most direct way to complete municipal control of local 
transportation. 

The discussion of this problem has deeply agitated this community for about ten 
years and has been accompanied by constantly deteriorating street-railway service. 
kany who have taken part in it have assumed that the City Council, to solve the 
problem, has but to legislate. In fact, the problem is not legislative, but one of con- 



December 4, 1660 1905 

tract between the State and City and the Companies. By ill-considered State legis- 
lation and reckless City grants, covering a period of about forty years, the companies 
obtained contract rights in practically all streets, suitable for street railways, expir- 
ing at different times over a period of perhaps the next fifty years. Their confident 
claim that the grants for their trunk lines, com.manding nearly ail entrances to the 
business district, do not expire until the year 1958, is sustained by many eininent 
counsel here and elsewhere and by the Circuit Court of the United States for thi.^ 
District. What the Supreme Court of the United States, which is to speak the 
final word, will do with these grants can now only be guessed. While it is true that 
the City, after any decision, will be in position gradually to dismember their sys- 
tems and further cripple their service, it is likewise true that for at least some years 
the companies are in position to prevent the .development of a com.peting system at 
all adequate to render satisfactory service to the various parts of the City. Thus, 
the only possible way immediately to provide for an adequate and unified street 
railway service for all the people is by contract between the City and the companies, 
settling on a fair basis their existing differences. 

This is the purpose of the accompanying ordinances. They secure to the people 
of Chicago, icith other advantages, the folio icing : 

1. The present surrender and release of all existing franchise grants, including 
the ^'Ninety-nine year Act." 

2. The expiration of all rights of the companies in the streets of the City at the 
end of twenty years, the City having the option to purchase after ten years. 

3. The City may, upon fair appraisement, after ten years purchase the tangible 
properties of the companies, paying in addition what would have been the value of 
their franchise rights under grants prior to the passage of this ordinance if not 
surrendered. 

4. The immediate reconstruction and rehabilitation of all the roads in the best 
possible manner, thus providing for first class street railway service throughout the 
entire City at the earliest possible moment. 

5. Universal transfers over all the lines of each company and over all the lines 
of the three companies and of the Chicago Consolidated Traction Company Avithin 
the City, save in a small area in the business district fully covered by means of 
through routes. 

6. Twenty-one through routes over the main lines of all the companies and of 
the Chicago Consolidated Traction Company, connecting each division with the other 
divisions of the City, wdth opportunity for increase of such through routes when the 
traffic requires them. 

7. The right at the end of these grants to purchase the properties of the com- 
panies for their fair value, exclusive of any earning power or franchise value; or to 
require the companies to sell to any other corporation on like terms. 

8. The right to require each company to add six miles of single track or three 
miles of double track to its system per annum. 

9. Liberal compensation to the City, aggregating $40,000,000, within twenty years. 
This sum, if placed in a sinking fund, at 4 per cent, as received, will amount to ahout 
$54,000,000 at the end of the term. 

10. Improved paving and the use of grooved rails. 

11. Underground trolley construction, if successful, in the business district. 

12 The placing in service of fifteen hundred and eight-two double truck cars 
equal to those recently placed in service on Indiana avenue. 



December 4, 1061 1905 

13. Greatly improved relations between the City and the companies. 

14. First class service for all parts of the City tliroughout tlie term of tliese 
ordinances. 

15. Continuous control of the service by the City, 

The one immediate need of- the people of Chicago is a first chiss unified street rail- 
way service covering- the entire City, To some it has seemed impossible to secure 
such a service without resorting, at whatever cost of time and money, to public 
ownership and operation. We have had presented to us one plan after another guar- 
anteed to bring about municipal ownership, fragmentary at first to become complete 
in some remote and wholly indefinite future. Each of these plans was framed with- 
out regard to legal limitations. Each promises additional confusion and further 
disruption of the present wholly inadequate street railway service. No one of them 
offers even the hope of a complete and unified service within a period which it* 
sponsor dares to predict. It is a vice of each of them that its adoption would not 
settle the problem of local transportation or give promise of any early improvement 
of the service. No one of them has ever been presented to the voters or even re- 
ceived their indirect approval. 

We are not impressed by the contention that the election of the present Mayor, 
upon a platform expressly promising immediate purchase or condemnation of tbe 
tangible properties and existing franchises of the present companies and nothing 
more, meant the indorsement by the people of the various schemes which he has 
sought to substitute for that programme. 

Your Committee, after a prolonged study of the situation, has been unable to find 
any means for the immediate and complete solution of the street railway problem 
except through negotiations with the existing companies. They have extensive 
rights in the streets which all concede, and greater claims which ha\e led to pro- 
tracted litigation, still undetermined. We deem it sound business policy once for all 
to terminate all existing grants expiring at different times, and disputed claims of 
real importance, by the substitution of comprehensive contracts securing reconstruc- 
tion of the roads and unified service with a single fare throughout the City and giving 
the City as soon as possible entire freedom of action in respect to local tra^ns- 
portation. 

The accompanying ordinances secure to the City all for which the people have 
so long contended. We believe that they reach the limit of concession by the com- 
panies; and that the choice lies between their acceptance and prolonged litigation 
with the continuance of intolerable service. Every public interest will be advanced 
by their passage. 

We, therefore, recommend that these ordinances receive the approval of the City 
Council in Committee of the Whole and thereafter lie on the table until the qualified 
voters of the City have opportunity to express their wishes in respect to them, as 
above suggested. 

Respectfully submitted. 

The Committee on Local Tkaxsportation, 
By Frank I. Bennett, 
Thomas Carey, 
Milton J. Foreman, 
Thomas M. Hunter, 
William T. Maypole, 
Robert R. McCormick, 
Walter J. Ray]mer, 
Chicago, December 4, 1905. Linn H. Young. 



December 4, 1662 1905 

AN ORDINANCE 

Authorizing the Chicago City Railway Company to Maintain and Operate a System 
of Street Railways in Certain Streets and Paiblic Ways in the City of Chicago. 
Whereas, The Chicago City Railway Company heretofore constructed and now 
maintains and operates a system of street railways in certain of the streets and public 
ways of the City of Chicago (hereinafter for brevity called -the "City"), particularly 
described in the schedule, marked •"Exhibit A," hereto attached and made part 
hereof ; and, 

W^HEREAS, The -claim of the Company of a right to maintain and operate those 
parts of its said street railway system for which it received grants prior to April 
23, 1875, after the expiration of the extension ordinances of 1883, 1903 and 1904 
is denied by the City; and, 

Whereas, The ordinances authorizing the Company to maintain and operate the 
remaining parts of its street railway system expire by limitation from time to time 
within the next few years; and. 

Whereas, It is necessary, for the proper accommodation of the public, to recon- 
struct and newly equip at large cost certain parts of the street railway of the Com- 
pany; and, 

Whereas, The City desires to acquire the right, and be in position as soon a& 
practicable, freely to deal with the subject of transportation in its streets as a 
whole; now, therefore. 

Be it Ordained by the City Council of The City of Chicago: 

Section 1. That, in consideration of the acceptance by The Chicago City 

2 Railway Company (hereinafter for brevity called the "Company") of this ordi- 

3 nance and of its undertaking thereby to comply with all and every its provisions,. 

4 conditions and requirements, consent, permission and authority are hereby 

5 granted to the Company to maintain and operate, for a period of twenty years 

6 (subject to prior determination as hereinafter provided) from and after the date 

7 of passage of this ordinance, a system of street railways in, upon and along the 

8 streets and public ways, or portions thereof, in which it now maintains and 

9 operates either a single or double track street railway, with certain additions 

10 thereto, as shown by the schedule marked "Exhibit A," hereto attached and 

11 made a part hereof. Said schedule shall be conclusive evidence of the streets 

12 and public ways, or portions thereof, in which the Company is authorized by 

13 this ordinance hereafter during said term to maintain and operate a street rail 

14 way, and of the number of tracks hereby authorized to be maintained and oper- 

15 ated in each of said streets and public ways or portions thereof. 

The Company shall have the right to construct, maintain and operate, all 

17 curves, crossings, cross-overs, turn-outs, branch-offs, switches and connections 

18 within the streets, alleys and public places above specifically described, con- 

19 necting and necessary and convenient to connect tracks authorized by this ordi- 

20 nance or to connect said tracks, or any of them, or its tracks or private prop- 

21 erty, with the adjoining tracks of other corporations or with the adjoining 

22 power houses, sub-stations, car-houses, shops, yards and other property now or 

23 hereafter owned, leased, controlled or operated by the Company, or its lessee, 

24 and used in the operation of street railways under the powers given by this ordi- 

25 nance, or proper and convenient for use in furnishing efficient service during 

26 rush hours, or in case of fire, accident, blockade or other event making the use 
26%of regular tracks or routes impracticable or inefficient. 

In all cases where this ordinance and the ordinances to the Xorth Chicago 



December 4, 1663 1905 



28 Street Railroad Compaii}" and the West Chicago Street Railroad Company, pend- 

29 ing before the Comicil at the same time with this ordinance, confer grants to 

30 more than one Company in the same part of any street, the rights granted to 

31 the respective companies in such part of any street shall be for a mutual and 

32 joint use of tracks and the rights of each company therein shall be the same as 

33 though the ordinances making the grants to said sev'eral companies had been 

34 passed and taken effect concurrently, regardless of the actual dates of their 
55 passage and acceptance. 

Section 2. The Company shall proceed at once to reconstruct portions of its 

2 tracks and roadbed, and put its entire plant and equipment in first-class con- 

3 dition, in full compliance with the specifications for such work marked "Ex- 

4 hibit B," and hereto attached and made a part of this ordinance; and the sev- 

5 eral improvements and betterments called for by said specifications shall be fully 

6 completed by the Company \vithin five years from the passage of this ordinance, 

7 exclusive of delays due to unavoidable accidents, labor strikes or the orders or 

8 decrees of any court of competent jurisdiction entered in any suit brought with- 

9 out the Company's connivance. All the new ears specified in said exhibit hereto 
10 shall be placed in service within three years from such passage. 

After the completion of the reconstruction and re-equipment particularly re- 

12 quired by the terms of said "Exhibit B," the Company shall maintain its plant 

13 and equipment in first-class condition by making, from time to time, such im- 

14 provements and betterments as may be necessary to give to the public first-class 

15 street railway service continuously throughout the term of this grant. It shall 

16 at all times, both day and night, operate sufficient cars to accommodate the 

17 traffic; and it shall, throughout the term of this grant, at all times operate its 

18 street railways so as to render to the public efficient street railway service. 

The Company, prior to and during the said reconstruction of its street railway 

20 system, is hereby authorized to operate its several lines, respectively, by the 

21 power now employed for that purpose. 

In order to accommodate the public during the period of reconstruction the 

23 Company shall have the right to operate its cars on temporary tracks when 

24 necessary upon any portion of any street or public Avay covered by this grant 

25 by electric power applied by means of temporary overhead wires, subject to 

26 such terms and conditions as may be imposed by the Mayor and Commissioner 

27 of Public Works. 

The provisions of this ordinance in the nature of specifications shall be given 

29 at all times full force and effect save only in case of express conflicting pro- 

30 visions, if any, contained in said "Exhibit B," which in such cases shall prevail. 

31 They shall be construed together and both, so far as practicable, be given full 

32 effect throughout the life of this ordinance; but nothing in them contained 

33 shall prevent the Company from using more expensive or better materials or 

34 from making usual and desirable improvements of its street railway system, in 

35 addition to those specified, under the supervision of the Commissioner of Public 

36 Works. 

Section 3. The Company (except as hereinbefore provided) shall operate all 

2 of its street railways in the city, during the term of this grant, by electricity. 

3 It is hereby authorized and, after eighteen months (exclusive of delays as pro- 

4 vided in Section 2 hereof) from the passage of this ordinance, required to op- 

5 erate its cars in State street north of Van Buren street and on the loop con- 

6 nected therewith by electric power received from conductors carried in conduits 

7 below the surface of the street and between or underneath the rails. Upon the 



December 4, 1664 1905 

8 completion of said underground system, it shall be subjected to operative tests 

9 continuing for a period of two years. Thereafter at any time, if such under- 

10 ground system shall have been found to be practicable, the City Council may 

11 require the Company to install it on its lines in State and Clark streets north 

12 of Polk street and on the loops connected therewith, and also after six years 

13 from such finding in Wabash avenue north of Eighteenth street and on the loop 

14 connected therewith. Otherwise, the ComiDany may operate all of said lines by 

15 overhead contact trolley wires suspended from poles, or from the structures of 

16 railroads elevated above the surface of the street under the supervision of the 

17 City Electrician. 

The said experimental underground electric system shall be constructed and 

19 operated during said period of two years under the direction and control of the 

20 engineer of the City and the engineer of the Company, in order to secure the 

21 most ample and satisfactory test of its practicability. Upon the completion of 

22 said test the said engineers shall determine whether such underground electric 

23 system has proved practicable. They shall announce their decision in writing 

24 and deliver to the City Clerk and to- the Company each a copy thereof. Their 

25 decision shall be binding upon the parties. If the said engineers shall be unable 

26 to agree as to- any material matter in connection with said test or upon a de- 

27 cision as to the practicability of said system, they shall appoint a third engineer, 

28 and a decision of a majority of them as to any of such matters shall be final. 

29 The charges and expenses of such third engineer shall be equally borne by the 

30 parties. 

In any such case, if the engineer of either party fails or refuses to act upon 

32 thirty days' w^ritten request, or if they fail to agree and for thirty days do not 

33 select such third engineer, upon ten days' notice to the other either party may 

34 apply to the person who shall then be acting as Chief Justice of the Circuit 

35 Court of Cook County, Illinois, to appoint a disinterested engineer to act in the 

36 premises. Upon such applications the said Chief Justice is hereby empowered 

37 to make such appointments. 

The .Company shall keep all catch basins and drains connecting said conduits 

39 with sewers clean and free from deposits of mud. In the construction of such 

40 underground electric conduits the Company is hereby authorized to 

41 change the present location of conduits, cables, gas pipes, steam pipes, water 

42 pipes, sewers, drains, manholes and catch-basins and other underground struc- 

43 tures belonging to private individuals, corporations, or the City, wherever any 

44 such change in location is necessary to the proper installation of its underground 

45 work. All such changes shall be made without cost to the City, and in such 

46 manner as to cause no unnecessary injury or disturbance to the City or other 

47 parties affected. 

Section 4, The Company shall be authorized and permitted during the term 

2 of this grant to operate its cars upon all its street railway tracks, excepting" 

3 those required by the provisions of Section 3 of this ordinance to be operated 

4 by an underground electric system, by overhead contact trolley wires suspended 

5 from poles, or from the structures of railroads elevated above the surface of- 

6 the street under the supervision of the City Electrician. 

Such poles shall be of iron or steel, ornamental in design and kept well 

8 painted. They shall be set in concrete, at the curb line, on the average of 

9 not less than one hundred and fifteen feet apart, and so as not to obstruct cross 

10 streets, alleys and private driveways. The exact kind and location of poles for 

11 each new construction or reconstruction shall be determined by the Commissioner 

12 of Public Works. 



December 4, 16G5 1905 

All trolley wires shall be of hard drawn copper, phosphor bronze, silicon 

14 bronze, or some other material of strength equal to hard drawn copper. They 

15 shall be strung not less than eighteen and one-half feet above the rails, except 

16 when attached to the structures of railroads elevated above the surface of the 

17 street under the supervision of the City Electrician; and there shall be at least 

18 two insulations between such trolley wires and each supporting pole. 

All material used by the Company in its overhead construction shall be of 

20 the most modern type; and such overhead construction shall be capable of 

21 sustaining all weights and strains that may come upon it, including those due 

22 to wind, sleet, and ordinary accidents. 

The Company may use its said conduits and trolley poles and wires for all 

24 purposes connected exclusively with the operation of its street railways, such as 

25 power, light, heat, and signals. It may connect said conduits, poles and wires 

26 with its transmission and feeder wires, power plants, sub-stations, ear houses, 

27 repair shops, or other property of the Company, and with any transmission or 

28 feeder wires of any other individual or corporation from whom or whicli it 

29 may deriA^e electrical power for the operation of its street railways. 

Section 5. The City shall have the right, without the payment of any com- 

2 pensation therefor, during the term of this ordinance, to use the poles of the 

3 Company to carry its signal, telephone, telegraph and electric light wires and 

4 lamps. The transmission wires of the City for such purposes shall be placed 

5 on poles of the Company on the side of each street or way (where poles are lo- 
G cated on both sides thereof) designated by the Company's engineer, and under 

7 his direction, without cost or expense to it; l3ut the Company shall repair and 

8 maintain its poles without cost or expense to the City. Provided, That the 

9 City shall indemnify and save harmless the Company against and from all dam- 

10 ages, judgments and costs which the Company may suffer by reason of any 

11 negligence of the City in using said poles. 

Section 6. The Company, to reduce the number of poles in the streets and 

2 ways occupied by it, may permit other corporations, having or which shall 

3 hereafter obtain authority from the City Council to operate telegraph, tele- 

4 phone, or electric lighting plants by means of overhead wires in said streets 
-5 and ways, to carry their wires on its poles therein upon such terms and for 

6 such compensation as may be agreed upon by the parties. The Company shall 

7 make no contract with any such other corporation which will affect the rights 

8 of the City or extend beyond the termination of this ordinance. The Company 

9 shall file with the Comptroller of the City copies of all contracts between itself 
10 and other corporations for the use of its poles. 

Section 7. All transmission and feeder wires within the City, carrying a 

2 current of more than one thousand volts, shall be laid underground, except 

3 when carried on the structures of railroads elevated above the surface of the 

4 streets, their attachment and maintenance being under the supervision of the 

5 City Electrician; and all such wires of whatever voltage within that portion of 

6 the City lying east of the west line of Halsted street, north of the south line 

7 of Thirty-ninth street, and south of the Chicago River, and also south of Thirty- 

8 ninth street east of the right of way of the Lake Shore & Michigan Southern 

9 Railroad, shall be laid underground, (except as aforesaid). To this end, author- 

10 ity is hereby conferred upon the Company to enter upon, excavate for, and con- 

11 struct a system of conduits in the streets, alleys, and other public ways of the 

12 City of sufficient capacity to carry its said wires. The said conduits shall not 

13 exceed four feet in width and three feet in depth and shall be of tile, cement. 



December 4, 1666 1905 

14 iron or other material impervious to moisture and not subject to decay. Their 
i5 exact location shall be fixed by the Commissioner of Public \Vori<:s. 

If at any time the City shall desire to place conduits in streets or public 

17 ways wherein the Company is then about to place conduits, a single ti'ench may 

18 be used for both. The expense in each such case shall be divided between the 

19 Company and the City according to the space used by each therein. 

All transmission and feeder wires laid underground shall be covered with 

21 lead or some other impervious material. Before any cable containing such wires 

22 shall be put in use it shall be tested by an alternaiting current of twice the 

23 working voltage of the cable. All forms of cable used by the Company, eon- 

24 taining more than one conductor, shall be tested in like manner. 

All transmission and feeder wires not herein required to be placed under- 

26 ground, or permitted to be carried on the structures of elevated railroads as 

27 aforesaid, shall be suspended by insulators upon poles supporting trolley wires, 

28 or upon poles placed at the sides of streets, alleys, or public ways, in loca- 

29 tions to be approved by the Commissioner of Public Works. 

Section 8. All wires and conductors for the transmission of electricity in and 

2 along any street, alley or public way (whether under or above ground) shall 

3 be installed in a substantial and workmanlike manner, so as to interfere as 

4 little as possible with the other uses of said public places; and all electric work 

5 of every kind and character shall comply strictly with the ordinances of the 

6 City applicable thereto. It shall in every instance be' done and maintained 

7 under the supervision and subject to the approval of the City Electrician. 

All work of construction, reconstruction, and repair of every kind and char- 
9 acter, other than electrical work, authorized or permitted by this ordinance 

10 and by ''Exhibit B" hereto attached shall be done under the supervision and 

11 shall be subject to the approval of the Commissioner of Public Works of the City. 

The Company, before it makes any excavation in, or in any vray interferes 

13 with, the surface of, any street or public way for the purpose of doing any 

14 work authorized by this ordinance, shall obtain from the Commissioner of Public 

15 Works of the City a permit so to do, which permit shall contain a condition 

16 requiring the Company to restore said street or wrj and maintain it for one 

17 year thereafter; and in every case the Company, after it has restored such 

18 street or way,- shall maintain it for one year after such restoration. The bond 

19 of the Company provided for in Section 22 hereof shall secure the faithful per- 

20 formance of the work covered by each and every of said permits. 

Section 9. The tracks, authorized by this ordinance to be maintained by the 

2 Company, shall not be elevated above the surface of the street or public way 

3 in which they are placed. They shall be laid and maintained by the Company 

4 so as to conform to the grade of such street or public way as the same is, or 

5 from time to time hereafter shall be, established by the City Council 

All tracks shall be laid with the best materials and in the most approved 

7 modern manner. The rails shall be laid, except as hereinafter provided, on 

8 wooden ties, steel ties^ or concrete. If wooden ties be used, they shall be placed 

9 not further apart than three feet between centers. 

All new track construction hereafter laid in streets or public ways paved, or 

11 about to be paved, with asphalt, granite, brick, creosoted block, or other similar 

12 material, shall be laid with modern improved rails of the grooved type, known 

13 as the "Trilby" rail, weighing not less than one hundred and twenty pounds per 

14 yard, in which, when new. the difFerence between lieight of lip and tread does 



December 4, 1(367 1905 

15 not exceed six thirty- seconds of an inch. Such type of rail shall also be laid 

IG whenever it becomes necessary to renew worn-out tracks in streets paved or re- 

17 paved with asphalt, granite,, brick, creosoted block, or other similar material; 

18 but the Company shall not be compelled, on account of the paving or repaving 

19 of any street, to remove good .serviceable rails before being worn out. In all 

20 streets or ways, not paved as aforesaid, the girder type of rail, having a height 

21 of not less than seven inches and weighing not less than eighty-five pounds 

22 per yard, may be used. 

Section 10. The Company, as respects filling, grading, paving, keeping in 

2 repair, sweeping, sprinkling, keeping clean, or otherwise improving the streets 

3 or parts of streets occupied by its railway, shall fill, grade, pave, keep in re- 

4 pair, sweep, sprinkle, and keep clean eight feet in width of all streets and public 

5 ways, or portions thereof, occupied by it with a single track railway, and, (ex- 

6 cept as hereinafter in this section provided) sixteen feet in width of all streets. 

7 and public ways, or portions thereof, occupied by it with a double track railway. 

8 In each case where by said "Exhibit A" hereto the Company is authorized and 

9 required to change a single track to a double track in any street or part of a 

10 street, if the roadv/ay therein be not at least thirty-eight feet in width, the 

11 Company shall widen such roadway to said width and shall rebuild the catch- 

12 basins and their connections and curb and pave said street, as required by the 

13 City Council, at its own expense. Provided, that the Company shall not hereby 

14 be required to pave, in addition to the part of the street occupied by its double- 

15 track street railway, as provided for in this ordinance, more than eight feet 

16 in w-idth of such roadway. 

The Company, at its own expense, shall keep said portions of all streets 

18 and public ways occupied by its tracks free of snow and ice. In removing snow 

19 and ice, it shall not deposit the same upon the portions of the street or public 

20 way outside of its tracks, except temporarily; and, in every case of such tem- 

21 porary deposit, it shall be removed by the Company within a reasonable time 

22 to be' fixed by the Mayor and Commissioner of Public Works. 

The Company, upon the order of the Commissioner of Public Works, shall 

24 pave, repave, or repair the portions of the streets and public ways which by 

25 this grant it is required to keep paved and in repair, whenever and as often as 

26 the same shall reasonably require paving, repaving or repairing, and shall at 

27 all times keep the surface of all of its paving at least up to the top of the rail. 

The pavement which the Company shall be required to lay down and keep 

29 in repair in the portion of any street or way which it is required herein to 

30 pave and keep in repair shall be of the following kinds, to wit: 

First. In all streets or ways in ivhich the Company has in place, at the 

32 date of the passage of this ordinance, a good, serviceable pavement, it shall re- 

33 pair and maintain the same while serviceable under the direction of the Com- 

34 missioner of Public Works as aforesaid. 

Second. Whenever any existing pavement of the Company, in any paved street 

36 or way, can no longer be made serviceable by repairs; and whenever the 

37 portions of any street or public way outside of the strip herein required to be 

38 paved by the Company are newly paved or repaved, with asphalt, granite, 

39 brick creosoted block, or other similar material, as aforesaid, and the pave- 

40 ment of the Company therein does not comply with the following specifica- 

41 tions- and whenever the Company relays its rails in any such paved street or 
49 public way in which its pavement does not comply with the following speeifica- 
43 tions -then, and in any of such events, the Company shall pave or repave the 



December 4, 1668 1905 

44 portion of any such street or public way, which it is herein required to keep 

45 paved, with granite paving blocks having a uniform grain and texture, with- 

46 out lamination or -stratification, and free from an excess of mica or feldspar. 

47 Said blocks shall measure from three and one-half to five and one-half inches 

48 in width, from seven to eleven inches in length (except that shorter stones may 

49 be used to break joints), and not less than five inches in depth. They shall 

50 be so dressed as to have substantially rectangular plane surfaces, so that 

51 when in place the joints at the ends and sides shall average one-fourth inch 

52 in width. Soft or weather-worn stones, obtained from the surface of the quarry, 

53 and stones which wear to a polish under traffic shall not be used. All blocks 

54 shall be laid in uniform courses across the roadway; and the space between 

55 the blocks, when in place, shall in no case be less than one-eighth of an inch nor 

56 more than three-eighths of an inch in width. Each course shall consist of 

57 blocks of the same width. They shall be so laid that all longitudinal joints 

58 shall be broken by a lap of at least three inches. The spaces shall be imme- 

59 diately filled to within two inches of the top of the blocks with dry gravel free 

60 from loam and dirt, and the blocks rammed to" a true surface and firm bed with a 

61 seventy-five pound rammer of approved shape. No cracked or chipped blocks 

62 shall remain in the pavement. After ramming, the spaces between the blocks 

63 shall be completely filled with a paving pitch made by the distillation of 

64 "straight run" coal tar and of such quality and consistency as shall be approved 

65 by the Commissioner of Public Works. The pitch shall be used at a tempera- 

66 ture of not less than two hundred and eighty degrees Fahrenheit and be spread 

67 in such quantity as to apply two gallons to each square yard of pavement. 

68 The spreading shall be done in sections if the Commissioner of Public Works 

69 so directs. 

Provided, That whenever any street or public way, or portion thereof, in 

71 which the Company maintains double tracks, shall hereafter be newly paved or 

72 repaved with asphalt, the Company shall pave or repave with granite blocks, 

73 as aforesaid, the entire space between its outside rails therein and a strip one 

74 foot in width beyond each thereof. 

Thi7-d. Whenever any existing pavement of the Company, in any unpaved 

76 street or public way, can no" longer be m'ade serviceable by repairs; and when- 

77 ever the Company lays down any track or tracks in an unpaved street or public 

78 way, — then, and in either of such events, the Company shall pave or repave 

79 the portion of any such street or public \Vay, which it is required to keep paved 

80 or repaved, as aforesaid, with good serviceable granite blocks. 

Section 11. All passenger cars operated by the Company shall be used for 

2 the carriage of passengers only. All cars hereafter built or purchased shall be 

3 of the best and most approved finish, style and design ; shall have center aisles ; 

4 shall be without running foot boards along the sides, and shall be equipped 

5 with sufficient motor capacity. Crbss seats facing forwards shall be used; but 

6 longitudinal seats, each seating not more than four passengers, may be used at 

7 the ends of the cars. All closed cars shall be vestibuled, and shall be sup- 

8 plied with a sufficient number of electric bells, connections and buttons to 

9 enable passengers, without inconvenience, to notify the conductor of their desire 

10 to leave the car, and shall also be equipped with the most serviceable form of 

11 fender devices, headlights and sand-boxes. Each double truck car shall be 

12 equipped with two sets of brakes, one of which shall be a hand brake and the 

13 other an efficient power brake of modern improved type. Said cars shall at all 

14 times be kept clean and in good repair; they shall be well ventilalted and 



December 4, 1669 1905 

15 lighted. They shall be kept heated to the temperature of fifty degrees Fahren- 

16 heit, as nearly as possible. Eadi oar shall bear appropriate and conspicuous 

17 signs upon its sides and ends, so placed as to indicate both day and night its 

18 route and destination; at night such signs shall be illuminated. Every electric 

19 car shall be in charge and under the control of two competent men, a motorman 

20 and a conductor, and shall be operated singly except when otherwise expressly 

21 authorized by the City Council. 

Section 12. The Company is hereby authorized and permitted to operate 

2 funeral cars and separate cars for the use of the United States Post Office Dq- 

3 partment and for the carriage of parcels and packages; but cars for the car- 

4 riage of parcels and packages shall be operated only between the hours of eight 

5 o'clock P. M. and five o'clock a. m., unless otherwise authorized by the City Coun- 



6 cil. 



The City Council hereby expressly reserves the right to regulate the rates 
7 to'be charged by the Company for the carriage of parcels and packages. 

All said cars shall be operated in strict accordance with such rules and regula-' 
9 tions as may be from time to time prescribed by the City Council; and they 

10 shall at all times be operated so as not to interfere with or impede the progress 

11 of passenger cars. Passengers shall be permitted to carry parcels and ordinary 

12 hand bags. 

Section 13 If it shall be found practicable to have the streets occupied by 

2 its tracks swept and sprinkled their entire width by the Company or to have 

3 street sweepings, garbage, or other refuse removed by means of street cai-s a 

4 night, the Company shall perform said service, or so much thereof as ha 

5 prove practicable, when so ordered by the Mayor and Commissioner of Public 

6 Works It shall receive for such service reasonable compensation, which m 

7 every instance shall be agreed upon in advance of its rendition. If the City 

8 and the Company shall fail or be unable to agree upon the rates of compensa- 

9 tion to be paid for said services, it shall be .submitted to arbitrator's, each of 

10 the parties hereto ^electing an arbitrator and the two so chosen (if they fail to 

11 acree) the third arbitrator. In any such case, if either party fails or refuses 

12 to appoint an arbitrator upon thirty days' written request or if ^^.^ ^wo so ap^ 

13 pointed fail to agree and for thirty dayB do not appoint a third arbitratoi, upon 

14 ten days' notice to the other either party may apply to the person who shall 

5 then Z acting as Chief Justice of the Circuit Court of Cook County, Illmo. , 

6 to appoint a disinterested person as one of such arbitrators. Upon such app - 

7 ationl the said Chief Justice is hereby empowered to -^^^^ -f ^P^-"' 
18 The finding of the arbitrators, or a majority of them, shall be final _ and con- 

dtive, ani the Company shall thereupon be bound to ^^^'^^^^ ^l^l^ 

20 rate so named. Provided, That either the City or Company shall >^- ^^^ ^^ 

21 to re-submit the question of compensation for any such service at the end of 

22 each two years during the term hereof. . 

In case the Company is called upon to remove street sweepings and other 
24 refuse, the City shall furnish suitable ^^^ ^^^''^'^^''''''l^^''^^^^^^ 
25 
26 
27 
28 



Zm^ the connection of the Company's tracks therewith. The Company shall 
also have the right to carry on suitable cars snow and ice reqmred by this ordi- 
nance to be removed by it; also materials for its own use or for ^^^ use of th^ 
City and to connect its tracks and wires with property necessary to be used 



29 for such purposes 
Section 14. 

2 ordinance of th 

3 impede its cars 



Section 14 All vehicles on the tracks of the Company shall be required by 
2 ordinance of the City, with appropriate penalties, to turn out so as not to 



December 4, 1670 



1905 



Section 15. The Company shall issue passes, or free tickets, to city detec- 

2 tives presenting written requests therefor, signed by the Chief of Police of the 

3 City. Policemen and firemen in full uniform shall be permitted to ride free. 

Section 16. The Company shall remove all tracks now owned by it and which 

2 it is not expressly authorized by this ordinance hereafter to maintain and op- 

3 erate. If it shall hereafter cease to operate over any of its tracks, or any 

4 portion thereof, it shall remove such unused tracks upon the order of the City 

5 Council. Failure to operate cars for the carriage of passengers at least once 

6 each way within every hour of each day, between the hours of six a. m. and 

7 eight p. M., over any part of a street or public place in which tracks of the 

8 Company are then laid, shall be treated as a cessation of operation of such part 

9 of its tracks within the meaning of this section, unless such operation is inter- 

10 fered with by unavoidable accidents, labor strikes, or litigation brought without 

11 connivance of the Company. Provided, however, that the foregoing provijion 

12 shall not be construed to require the removal of curves and connecting tracks 

13 constructed and maintained for emergency use in case of fire or accident, or such 

14 tracks as may be necessary for a connection with the Company's property used 

15 for street railway purposes. 

In every case of removal of tracks, as aforesaid, the Company shall restore 

17 the street or public way to the condition of the other portions thereof, all at 

18 its own expense. If the Company shall fail within a reasonable time to remove 

19 any such tracks on order of the Commissioner of Public Works, the City may 

20 remove them, charging the expense thereof .to the Company. Provided, that 

21 nothing in this section contained shall relieve the Company from its obligation 

22 to render adequate service on its lines. 

All permits issued for the removal of buildings on or across any track of the 

24 Company shall provide that the Company be notified at least two days in ad- 

25 vance of such removal; that such removal shall only take place, unless with 

26 the consent of the Company, between the hours of twelve o'clock midnight and 

27 five o'clock a. m.; and that the party to whom the permit is issued shall pay to 

28 the Company the actual cost of removing and replacing its overhead equipment, 

29 and for the interruption of its traffic from five a. m. to twelve o'clock midnight, 

30 if such interruption shall occur. 

Section 17. The Company, except as to chartered cars to private parties and 

2 as hereinafter provided, shall be entitled to charge passengers, during the term 

3 of this ordinance, the following rates of fare, to- wit: 

^ For a continuous trip in one general direction within the present or future 

4 limits of the City over its street railways covered by this ordinance, and all 

5 extensions thereof (whether owned, leased, or operated by it), the sum of five 

6 cents for each passenger over twelve years of age, and three cents for each 

7 passenger over seven and less than twelve years of age. Children under seven 

8 years of age, accompanied by a parent or guardian, shall be permitted to ride 

9 free. Every such passenger may demand and shall receive from the conductor 

10 of the car upon which he first takes passage, or from some other authorized agent 

11 of the Company, a transfer. Said transfer shall entitle such passenger to ride 

12 upon any other line of street railway owned, leased, or operated by the Com- 

13 pany, which connects with, crosses, intersects, or cOmes within a distance of two 

14 hundred feet of the line upon which the passenger first took passage and paid 

15 his fare, except that north of Twelfth street no transfers shall be. accepted; but 

16 the payment of a single fare shall not entitle a passenger to reverse his general 

17 direction of travel. If necessary to enable a passenger to reach his destination, 



December 4, 1671 1905 

18 tlie coiidiictov or other autliorizcd agent of the Company shall issue a transfer 

19 upon a transfer the same as required by the payment of a cash fare without 

20 additional charge; the intention being that for a single fare the Company shall 

21 carry any passenger for a single continuous ride over any of the lines of street 

22 railway owned, operated, or leased by it within the present or future limits 

23 of the City, so long as such ride is in the same general direction, although some 

24 of the lines necessary to be used by such passenger in arriving at his destination 

25 intersect or cross one another, but the Company shall not be obliged to give a 

26 transfer to any passenger who can reach his destination by using a through 

27 car. In each instance, the transfer given to a passenger may designate the point 

28 or place of transfer, and the same must be used at such point or_ place within a 

29 reasonable time, not exceeding thirty minutes, after such point or place is 

30 reached by the car from which the passenger is transferred. A passenger 

31 upon any car unreasonably delayed through the fault, negligence or inability 

32 of the Company shall be entitled to receive a transfer to a car upon the nearest 

33 line of the Company going in the same general direction as the delayed car. 

Section 18. The Company shall on its south-bound cars accept and honor as 

2 fares transfers issued by any other corporation to passengers upon any line 

3 of street railway now operated by the Receivers of the Chicago Union Traction 

4 Company and which connects with any of said lines of the Company, under the 

5 same conditions and with like effect as though both lines of street railway were 

6 owned by the Company and the transfers were issued under the provisions of 

7 Section 17 of this ordinance, upon condition that the corporation issuing such 

8 transfers will accept and honor at such transfer points upon its street railway 

9 lines transfers issued by the Company to its north-bound passengers; but this 

10 privilege shall not apply to any connecting points north of Twelfth street. The 

11 said proposed arrangement contemplates that, in every instance, the street rail- 

12 way company accepting any such transfer shall give to the passenger present- 

13 ing it the same accommodations and the same transfers if requested, to its 

14 other line or lines as such passenger would be entitled to receive if he had 

15 paid a cash fare. 

The City Council will, by ordinance with appropriate penalties, provide against 

17 the abuse of street railway transfer privileges by sale, barter, gift, or otherwise. 

The street railway companies interested, acting in conjunction or separately, 

19 may from time to time adopt reasonable rules and regulations, not inconsistent 

20 with the provisions of this ordinance, for the transfer of passengers as provided 

21 for herein and for the prevention of the fraudulent use of transfer privileges. 

Section 19. The Company will co-operate with the corporation operating the 

2 street railway in Halsted street from O'Neil street north, to operate a through 

3 line of cars in said streets. Whenever the City shall so direct and shall grant 

4 to the Company, or to the corporation operating a street railway northwards 

5 in Western avenue, a license or franchise to connect their lines in said avenue 

6 the Company shall co-operate with such other corporation to_ operate a tlirough 

7 line of cars in said avenue: also whenever the City shall grant to the Company, 

8 or to the corporation operating a street railway northwards in Kedzie avenue, 

9 a license or franchise to connect their lines in said avenue, the Company shall 

10 co-operate with such other corporation to operate a through line of cars in said 

11 avenue; and also whenever the City shall grant to the Company, or to the 

12 corporation operating a street railway northwards in Ashland avenue, a license 

13 or franchise to connect their lines in said avenue, the Company shall co-operate 

14 with such other corporation to operate a through line of cars in said avenue; 



December 4, 1672 1905 

15 and said corporations shall thereafter operate and maintain said through lines 

16 of cars, respectively, in the said street and avenues. Provided, that the Com- 

17 pany shall only be required to operate said through lines across or over any 

18 river, canal or channel when the City, or any third party, shall provide a 

19 bridge across the same, upon which it may operate its cars. 

The Company will co-operate with any corporation or corporations operating 

21 the street railway lines now controlled by the Chicago Union Traction Company 

22 in establishing and maintaining through lines of ears over the street railway 

23 lines of the Company and the street railway lines of the Chicago Union Traction 

24 Company entering the sonth division of the City north of Twelfth street which 

25 shall earry passengers from the south division of the City to the other two 

26 divisions of the City through the business district north of Twelfth street for a 

27 single fare. As many cars shal be operated upon said through lines as the 
27 1^ traffic shall warrant. 

The parties have agreed upon certain through routes which are particularly 

29 described in "Exhibit C," attached hereto and made a part hereof. If the 

30 City secures the co-operation of the corporation or corporations operating the 

31 street railways now operated by the Eeceivers of the Chicago Union Traction 

32 Company and of the Chicago Consolidated Traction Company, or of any of them, 

33 the Company shall in co-operation with said corporation or corporations main- 

34 tain and operate said through routes, respectively, if and so long as the traffic 

35 warrants a.3 to each of them. If the companies, or any of them, operating 

36 said through routes, shall at any time wish to discontinue any of them, or if 

37 the City shall order additions made thereto, the test of the reasonableness of 

38 any such discontinuance or addition shall be whether the traffic warrants it. 

39 If the parties shall differ and fail to agree touching any such discontinuance 

40 or addition, such matter of difference shall be referred to a board to be com- 

41 posed of the engineer of the City and an engineer appointed by the operating 

42 Companies (and, if they fail to agree, a disinterested engineer selected by said 

43 engineers). In any such case, if the engineer of either party fails or refuses 

44 to act upon thirty days' written request or if they fail to agree and for thirty 

45 days do not select such third engineer, upon ten days' notice to the other either 

46 party may apply to the person who shall then be acting as Chief Justice of the 

47 Circuit Court of Cook County, Illinois, to appoint a disinterested engineer to 

48 act on said board. Upon such applications, the said Chief Justice is hereby 

49 empowered to make appointments to said board. The decision by a, majority of 

50 said board in writing shall be binding upon the parties. Its expenses shall be 

51 equally borne by the parties. 

And to carry out the establishment of the through lines provided for in this 

53 section, the Company will enter into a reasonable operating agreement with 

54 such other corporation or corporations whenever required by the City. Upon 

55 the establishment of through lines the transfer of passengers at the points of 

56 connection of the tracks of the two companies upon such streets may be dis- 

57 continued. 

Passengers upon such through cars, while traveling over the tracks of each 

59 Company, shall be entitled to the same facilities as to transfers as such Com- 

60 pany shall be required to give to its own passengers paying cash fares. 

Section 20. The Company, by the acceptance of this ordinance, agrees that 

2 it will establish and maintain transfer points at all points of intersection be- 

3 tween its street railway lines and the Twenty-second street railway line of the 

4 Chicago General Railway Company in Twenty-second street, except at Wabash 



I 



December 4, 1673 1905 

5 avenue; to the end that a passenger may make a continuous trip in one general 

6 direction over the street railway lines of the Company and of said Chicago 

7 General Railway Company, upon the payment of a single fare of five cents, 

8 by the use of transfers at said points and transfers upon such transfers if re- 

9 quired to reach his destination; upon condition that, and so long as, the Com- 

10 pany shall be given the right of joint user of such of the tracks of the Chicago 

11 General Railway Company as may be necessary for the maintenance by the 

12 Company of the through routes that have been or may be required by the City 

13 Council (except that the part of the Twenty-second street line of the Chicago 

14 General Railway Company in Twenty-seeond street west of Halsted street shall 

15 not be used, in whole or in part, for any such through route), with the right 

16 to make, at its own expense, such changes and additions to the trackage and 

17 existing overhead trolley construction and feeder system of said Chicago General 

18 Railway Company used for such through routes as will enable the Company 

19 satisfactorily to operate such through routes, it supplying the power for the 

20 necessary propulsion of its cars, while operating at its own expense over such 

21 trackage, upon the payment of rental therefor, to be determined upon the basis 

22 established by the leases of July 5, 1897, and September 18, 1897, between the 

23 Company and said Chicago General Railway Company, for the rental of certain 

24 of the tracks of the latter by the former; and upon condition that the Com- 

25 pany shall receive three-fifths of the cash fares paid by all passengers receiving 

26 and using transfers under the provisions of this section. It is understood 

26 that, as part of the arrangement between said eorporations for the exchange 

27 of such transfers, the giving and receiving thereof by said Chicago General 

28 Railway Company, in exchange with the Company, shall not operate to bind 

29 the Chicago General Railway Company to consent to the establishment of any 

30 through route over any part of its lines, in addition to those specifically pro- 

31 vided for in this ordinance. 

Nothing in this section contained shall operate to enlarge or extend the 
33 rights of said Chicago General Railway Company under its existing ordinances. 

Section 21. This ordinance, and the rights and privileges hereby conferred 

2 upon the Company, are upon the further express condition that the Company 

3 shall (and by the acceptance hereof it agrees and obligates itself to) pay into 

4 the treasury of the City on the' fifteenth day of January next ensuing after the 

5 taking effect of this ordinance, and thereafter yearly, on or before January 15th, 

6 so long as it shall receive and enjoy the rights and privileges by this ordinance 

7 conferred upon the Company, the percentages of the gross receipts, of every 

8 kind and character, however and by whomsoever derived from the operation 

9 of its street railway system during the preceding year, including receipts from 

10 all privileges exercised under this ordinance or other authority from the City, 

11 hereinafter specified, to-wit: For each of the first three years, four and eight 

12 hundredths per cent.; for each of the next two years, six and eight hun* 

13 dredths per cent.; for each of the next ten years, eight and eight hundredths 

14 per cent.; for each of the remaining years of this grant, eleven and eight 

15 hundredths per cent. Provided, however, that all City license fees, if any, 

16 chargeable against or collected from the Company or its employes, and all 

17 franchise taxes, including so-called taxes on capital stock chargeable against 

18 or collected from the Company in any year, shall be deducted from the amount 

19 payable to the City as aforesaid for such year on the 15th day of January 

20 following; it being understood and agreed that the amount produced by said 

21 percentages, respectively, shall be the total aggregate amount payable by said 



December 4, 1674 1905 

22 Company, in each year by way of license fees, franchise taxes, and all other 

23 charges and taxes, except the regular taxes levied and assessed upon the tangible 

24 property of the Company. Provided, however, that the City reserves the right 

25 to, and it may at any time, commute the above mentioned percentages of said 

26 gross receipts or any part thereof, into a reduction of the rates of fare herein 

27 prescribed; but, in any event, the Company shall continue throughout the term 

28 of this grant to pay into the City treasury any balance of such percentages, 

29 respectively, of said gross receipts not so commuted. 

Section 22. The Company shall forever indemnify and save harmless the 

2 City against and from all damages, judgments, decrees, costs, and expenses 

3 which the City may suffer, or which may be recoverable from or obtained 

4 against the City, for or by reason of the granting of the privileges hereby con- 

5 ferred upon the Company, or for or by reason of or growing out of or re- 

6 suiting from the exercise by the Company of the privileges hereby granted, or 

7 any of them, or from any act or acts of the Company, its servants, or agents, 

8 under or by virtue of the provisions of this ordinance. 

And the Company shall, within the time limited for the acceptance of this 

10 ordinance, file with the City Clerk its bond to the City of Chicago, in the 

11 penal sum of two hundred and fifty thousand dollars, conditioned that it will 

12 forever indemnify and save harmless the City, as aforesaid. Provided, however, 

13 that the giving of said bond or the recovery of a judgment or judgments thereon 

14 by the City shall not be construed as measuring or limiting the liability of the 

15 Company to the City under any provisions of this ordinance. 

Section 23. The Company, on or before the 28th day of February in each 

2 year during this grant, shall file with the City Comptroller a report covering 

3 its gross receipts from operation for the year ending on the preceding 31st 

4 day of December; which report shall be in accordance with such forms and in 

5 such detail as from time to time shall be agreed upon by the Comptroller and 

6 the Company. The Comptroller shall have the right, at all times, to verify 

7 such reports by examination of the books of the Company, either himself or 

8 by other persons appointed by him. He shall also have the right at any time 

9 during the year in w^hich an appraisement shall be had of the value of its 

10 property under any of the provisions of this ordinance to make an examination 

11 of the books of the Company, w^hich examination may be made through persons 

12 appointed or employed by him. 

Section 24. The Company, by the acceptance of this ordinance, expressly 

2 agrees with the City and obligates itself fully to comply with all of its terms 

3 and conditions throughout the period of time covered hereby. It further agrees 

4 with the City that in the event that it, its assigns, successor or successors, 

5 shall make default in the due observance or performance of any of the agree- 

6 ments or conditions herein required to be kept and performed by it, and if 

7 any such default shall continue for a period of six months (exclusive of all 

8 time during which it may be delayed or interfered with by unavoidable acci- 

9 dents, labor strikes, or the orders or judgments of any court of competent 

10 jurisdiction entered in any suit brought without its connivance) after written 

11 notice thereof to it from the City, then and in each and every such case the City, 

12 by its City Council, shall be entitled to declare this grant and all of the rights 

13 and privileges of the Company to maintain and operate a street railway in any 

14 of the streets or public ways of the City to be forfeited and at an end. Xo 

15 such forfeiture shall operate to revive an}^ of the rights or claims of the Com- 

16 pany under and by virtue of any legislative act or acts which are surrendered 



December 4, 1(J75 1905 

17 and released by the Company by tbe terms of Section 31 liereof. Provided, 

18 however, that should the Company, for the purpose of securing funds for 

19 necessary improvements and betterments to its tangible property or extensions 

20 of its lines, pledge or mortgage its street railway property, or any of the rights 

21 secured to it by this ordinance as security for the payment of its notes, bonds 

22 or other evidences of indebtedness maturing prior to the expiration of this 

23 ordinance and default thereon, such forfeiture of this grant from any violation 

24 by the Company of the provisions of this ordinance shall not prevent the 

25 pledgee or pledgees, mortgagee or mortgagees, from recovering by foreclosure 

26 or other legal process against all the tangible property of the Company funds 

27 so advanced. And, Provided, that any such notice of default by the Company 

28 shall also be given by the City to the trustee or mortgagee of record in any 

29 trust deed or morto-a^e securino' such indebtedness. 



Section 25. The Citj^ expressly reserves the right to intervene in any suit ' 

2 or proceeding brought by any person or corporation seeking to enjoin, restrain, 

3 or in any manner interfere with the Company in the doing of any work, called 

4 for by this ordinance, or in the observance or performance of any of the agree- 

5 ments or conditions herein provided to be kept or performed by the Company, 

6 or in any foreclosure suit against it, and to move for a dissolution of such 

7 injunction or restraining order in such suit, in case it shall deem such suit 

8 collusive or instituted with the connivance of the Company for the purpose of 

9 delay. 

Section 26. The Company shall, upon the order of the City Council of the 

2 City, extend its street car system in any street or public way in which lawful 

3 authority so to do shall be conferred upon it by a valid ordinance of the City. 

4 The Company shall, within a reasonable time after the passage of such ordi- 

5 nance, construct such new street car tracks and appurtenances, and shall 

6 operate the same as a part of its system in conformity with the provisions of 

7 this ordinance. Provided, that the Company shall not be obligated hereby to 

8 construct and operate any new street railway tracks in any street or public 

9 way nearer any existing parallel street railway tracks than one-half mile; 

10 nor unless, at the date of the passage of said ordinance, there shall be an aver- 

11 age of at least one hundred and fifty families residing in each mile, within 

12 one-fourth of a mile of the street or public way, or portion thereof, upon 

13 which said new tracks are to be constructed, or at the same ratio for any shorter 

14 distance than one mile. A7id, Provided, that the Company shall not be obligated 

15 hereby to construct more than three miles of double track railway, or six 

16 miles of single track railway, in any one calendar year during the term of this 

17 grant. During the period of reconstruction, within the last year of said term, 

18 or after tbe City has giA'en notice of intention to purchase a.s hereinafter pro- 

19 . vided, the Company shall not be obligated to construct any such extension. 

20 And, also. Provided, that the new lines required by this ordinance shall be 

21 built within the period of reconstruction aforesaid if licenses or franchises be 

22 granted therefor. Each of said lines shall be completed within one year after 

23 the ordinance therefor is passed, unless a different period be fixed in the ordi- 

24 nance. In no event shall such lines be considered in estimating the new track 

25 construction which may be required under this section. 

Section 27. The Company during the term covered by this ordinance shall 
2 not remove its principal office beyond the limits of the City. 

The Company shall not pledge or mortgage its street railway property, or 
4 any of the rights secured to it by this ordinance as security for the payment 



December 4, 1676 1905 

5 of its notes, bonds or other evidences of indebtedness maturing at a later day 

6 than twenty years from the passage of this ordinance; the intention being that 

7 at the expiration of the term of this ordinance the Company shall be in a posi- 

8 tion to convey to the City, or to the licensee of the City, all of its street rail- 

9 way property free and clear of liens and incumbrances of any kind or character 
10 whatsoever. 

Section 28. The Company by the acceptance of this ordinance shall grant 

2 to the City, and the City hereby reserves to itself the right at such time as 

3 it may elect after the expiration of ten years from the passage of this ordinance 

4 to purchase for municipal operation only during the unexpired portion of the 

5 tw^enty-year term hereof all and every the property, real and personal, then 

6 comprising the going street railway system of the Company within the City 

7 reasonably required for its operation (including street paving done by the 

8 Company under the requirements of city ordinances), the price to be paid there- 

9 for to be the then fair cash value of said real and personal property (exclusive 

10 of earning power and any franchise value) for continuous use in the City for 

11 street railway purposes, plus the then fair cash value of all of the then un- 

12 expired rights of the Company in the streets of the City existing at and prior 

13 to the date of the passage of this ordinance. The City in the event that it shall 

14 elect to purchase the property of the Company as aforesaid shall give the 

15 Company a v^ritten notice of its intention to make such purchase at least one 

16 year (and not more than two years) prior to the time the purchase is to be 

17 made. 

The purchase price of said property shall be determined by appraisement 

19 as follows: One appraiser shall be appointed by the City in such manner as 

20 the City Council shall direct, one shall be appointed by the Company, and a 

21 third shall be appointed by the two so selected. Either party may appoint its 

22 appraiser at any time after the giving of such notice of intention and serve 

23 written notice of such appointment upon the other party. And such other party 

24 within thirty days of notice of such appointment shall appoint its appraiser and 

25 serve written notice of such appointment upon the other party; whereupon the 

26 two appraisers so appointed shall appoint a third appraiser who shall not be 

27 a resident of Illinois. In the event that the party first receiving notice of 

28 the selection of an appraiser by the other party shall fail to appoint an ap- 

29 praiser and give notice thereof as above provided, or in the event that the 

30 two appraisers first appointed shall fail to agree upon the third appraiser 

31 within thirty days after notice of the appointment of the second appraiser, 

32 either party upon giving a written notice of ten days to the other party may 

33 apply to the persons who shall then be the Chief Justice of the Supreme Court 

34 of Illinois, and two judges (not residents of Illinois) of the Circuit Court of the 

35 United States for the circuit of which the Northern District of Illinois shall 

36 be a part for the appointment of an appraiser (such persons being and they 

37 are hereby empowered on such applications to make such appointments of ap- 

38 praisers hereunder), and any appraiser appointed by them or any two of them, 

39 the other if any having due notice, refusing or failing to act, shall have the 

40 same powers and duties as if regularly appointed as above provided. Such 

41 third appraiser shall not be a resident of the State of Illinois. 

The appraisers shall determine what tangible properties, real and personal, 

42 owned by the Company and then used as a part of or in connection with the 

43 street railway system to be appraised, are reasonably required for its con- 

44 tinned operation; and, in determining the fair cash value of said property, 



T 



December 4, 1677 1905 

45 tiliey shall not take into consideration its earning power or the value of any 

46 franchise or license, but only its fair value for street railway purposes. They 

47 shall also determine the fair cash value of all then unexpired franchises, 

48 licenses and rights of the Company in the .streets of the City existing at and 

49 prior to the date of the passage of this ordinance (and which franchises, li- 

50 censes and rights shall, for the purpose of such valuation, be treated and con- 

51 sidered as being wholly unaffected by any of the provisions of this or any 

52 subsequent ordinance or anything done thereunder, unless otherwise expressly 

53 agreed), but shall not take into account any franchise or rights in the streets 

54 of the City acquired under the provisions of this ordinance or any subsequent 

55 ordinance passed by the City. The two amounts so ascertained shall be added 

56 together and the sum or amount thus found shall be the purchase price to be 

57 paid to the Company upon the purchase of its property by the City under this 

58 section of this ordinance. An award in writing signed by a majority of the' 

59 appraisers shall be valid and binding on the parties. Each party shall pay 

60 its own expenses of such appraisement and one-half the compensation and ex- 

61 penses of the third appraiser. Provided, that if the City shall fail to pay or 

62 deposit the appraised price, as hereinafter specified, within fifteen months after 

63 the announcement by the appraisers in writing, said appraisement shall be- 

64 come and be null and void and of no effect. 

If the City .shall not purchase the property of the Company under the said 

66 appraisement, it shall have the right, at any time after the expiration of three 

67 years from the date of its election not to purchase the property of the Com- 

68 pany under said first appraisement, to cause a second appraisement of the 

69 property of the Company to be made in like manner as is above provided for 

70 the making of said first appraisement, and to purchase the property of the 

71 Company at said second appraised price within fifteen months after the same 

72 shall have been fixed as aforesaid; and, if the City shall elect not to purchase 

73 the property of the Company at said second appraised price, it shall have the 

74 right, at any time after the expiration of three years from its election not 

75 to purchase the property of the Company under said second appraisement, to 

76 cause a third appraisement of the property of the Company to be made in like 

77 manner, and to purchase the property of the Company at the price fixed by said 

78 third appraisement wdthin fifteen months after the same shall have been fixed 

79 as aforesaid. The procedure in determining the property to be taken and the 

80 price to be paid therefor shall be the same in each case as is herein provided in 

81 regard to the first appraisal. 

The City shall pay to the Company, upon demand, the whole of its costs 

83 and expenses arising or growing out of the making of any appraisement under 

84 which the City shall fail to purchase the property of the Company within 

85 fifteen months after such appraisement shall have been made, including all 

86 attorneys' fees paid by it in connection therewith. 

The City on payment of the appraised price to the Company at any time 

88 within fifteen months after the said appraised price shall have been finally 

89 ascertained and determined as aforesaid, or on deposit thereof within .said period 

90 in a responsible bank or trust company of Chicago to the order of the Com- 

91 pany, shall be entitled to the immediate possession and control of said appraised 

92 property; and all and every the rights and privileges of the Company of every 

93 kind and nature in the streets and public places of the City in and to said 

94 appraised property shall thereupon absolutely cease and be at an end;' and the 

95 Company shall thereupon convey to the City of Chicago all of the property in- 

96 eluded in said appraisement by good and sufficient instruments in writing. 



December 4, 1678 1905 

The right of the City to purchase the property of the Company under the 

98 provisions of this section is expressly limited to the right to acquire the same 

99 for the purposes of operation by the City for its own benefit during the unexpired 

100 portion of the term of the twenty-year grant given by this ordinance; and it is 

101 expressly understood and agreed that the City shall not have the right under 

102 this section to acquire the street railways or other property of the Company 

103 for the purpose of leasing the same or permitting the same to be operated other- 

104 wdse than by the City during the unexpired portion of said grant of twenty 

105 years. 

Section 29. The Oompany by the acceptance of this ordinance shal] grant 

2 to the City and the City hereby reserves to itself and to any person, firm or 

3 corporation designated by it (hereinafter for brevity referred to as the licensee 

4 of the City), the right, at the expiration of the grant made by this ordinance, 

5 to purchase all and every the property, real and personal, then comprising the 

6 going street railway system of the Company within the City and reasonably re- 

7 required for its operation (including street paving done by the Company under 

8 requirements of city ordinances), at its then fair cash value (exclusive of earn- 

9 ing power and any franchise value) for continued use in the City for street 
10 railway purposes. 

The City in the event that it shall desire to purchase or cause its licensee 

12 to purchase the property of the Company as aforesaid, shall give the Com- 

13 pany a written notice of its intention to miake^ or cause its licensee to make, 

14 such purchase at least one year (and not more than two years) prior to the 

15 expiration of the grant hereby made. The purchase price of said property shall 

16 be determined by appraisen^ent made by appraisers selected in the same way 

17 as is provided for the selection of appraisers in Section 28 of this ordinance. 

18 The appraisers shall determine v/hat tangible properties, real and personal, 

19 are then used as a part of or in connection with the street railway system to 

20 be appraised, and in determining the fair cash value of said property they shall 

21 not take into consideration its earning power or the value of any franchise or 

22 license, but shall allow for the property its fair value for street railway pur- 

23 poses. An award in writing signed by a majority of the appraisers shall be 

24 valid and binding on the parties. 

The giving of notice by the City of its intention to purchase (or cause to 

26 be purchased) the property of the Company as aforesaid shall constitute and 

27 operate as a contract obligating the City either : (a) To purchase the street 

28 railway system so to be appraised at the price fixed by the appraisement; 

29 or (b) to require the licensee or grantee in any ordinance of the City authoriz- 

30 ing the operation of a street railway in the streets or parts of streets occupied 

31 by the street railway of the Companj^ to purchase the street railway 

32 system so to be appraised at the price fixed by the appraisement; and by 

33 said contract the Company shall be obligated to convey, by good and sufli- 

34 cient instruments in writing, to the City or to its licensee all said property 

35 when appraised and paid for, free and clear of all encumbrances and liens of 

36 every kind and character whatsoever. The purchaser on payment of the ap- 

37 praised price to the Company, or on deposit thereof in a responsible bank or 

38 trust cbmpany in Chicago to the order of the Company, shall be entitled to the 

39 immediate possession and control of said appraised propertj^, and all and every 

40 the rights and privileges of the Company of every kind and nature in the 

41 streets and public places of the City, and in and to said appraised property, 

42 shall thereupon absolutely cease and be at an end; and the Company shall 

43 thereupon make the conveyances aforesaid. 



December 4, 1679 1905 

Section 30. The City, realizing that the need of uninterrupted street railway 

2 service in the streets and parts of streets occupied by the Company will continue 

3 after the termination of this grant, and that the street railway of the Com- 

4 pany ought to be used to render such service intends by this ordinance to 

5 create conditions which- at the expiration of said term of twenty years will 

6 secure to the City (in addition to its right to make to the Company another 

7 grant for such time and upon such terms as may then be agreed upon by the 

8 parties) the right and opportunity. 

(a) To purchase the street railway system of the Company; or 

(b) To cause its licensee to purchase said street railway system. 

The City in the event that it shall not exercise its said reserved right to pur- 

12 chase and take over the street railway system of the Company, at the expira- 

13 tion of the term hereby granted, and it shall grant to a.ny other person, firm 

14 or corporation the right or license to operate a street railway in the streets . 

15 or parts of streets then occupied by the Company under this ordinance, agrees 

16 to provide and require, in any ordinance granting such right or license to 

17 such other persons, firm or corporation, that said licensee shall purchase and 

18 take over the street railway system of the Company upon the same terms that 

19 the City might then have purchased and taken it over imder the provisions 

20 of this ordinance. 

If the City shall neither exercise its said reserved right to purchase the 

.22 street railway system of the Company nor cause its licensee to exercise such 

23 right of purchase, but shall make a new grant to the Company upon terms 

24 then to be agreed upon, in the- consideration of such new grant the then fair 

25 cash value of the tangible property comprising the street railway system of 

26 the Company (exclusive of any earning pov/er or franchise value) shall be 

27 taken as the value of the then investment of the Company regardless of the 

28 face or market A^alue of its stock, bonds or other forms of capitalization. 

Section 31. The Company in consideration of the grant made to it by this 

2 ordinance, upon the terms and conditions in this ordinance expressed, agrees 

3 to waive, surrender and release, and by the acceptance of this ordinance the 

4 Company waives, surrenders and releases all and every its rights and claims 

5 of every kind and nature in the streets of the City under and by virtue of all legisla- 

6 tive acts of the State of Illinois and of the City, and particularly under and by 

7 virtue of the Act of the General Assembly of the State of Illinois of February 

8 6, 1865, commonly known as the "Ninety-nine Year Act"; to the end that the 

9 grant made to the Company and the rights sought to be conferred upon it 

10 by this ordinance, including the right to charge the fares herein provided for 

11 during the continuance of this grant and the right to receive the fair cash value 

12 of its tangible property in the event of purchase by the City or its licensee, 

13 as aforesaid, shall be held by it in lieu of all grants and rights and claims of 

14 rights in the streets of Chicago from or through whatsoever source the same 

15 may have been derived or held, including all prior ordinances and legislative 
15i^acts of every kind and character. Provided, that the waiver and sur- 
15%render herein by the Company of its rights and claims under the said legislative 

16 acts is upon the express condition and agreement that it shall have and 

17 enjoy the rights conferred by this ordinance; and if the City shall, prior to the 

18 expiration of twenty years from the passage of this ordinance, acquire from 

19 the Company its railway system by condemnation proceedings, or appraisement, 

20 just compensation for the then value of such street rights, if any, as the 

21 Company acquired under and by virtue of said prior ordinances and legislative 



December 4, 1680 1905 

22 acts, shall be allowed in said proceedings, or appraisement, precisely as if this 

23 waiver and surrender had not been made. 

Section 32. The enumeration herein of special requirements and specific 

2 regulations shall not be taken or held to imply the relinquishment by the City 

3 of its power to make other requirements or regulations as to matters not specifi- 

4 cally covered by the provisions of this ordinance; and the City hereby ex- 

5 pressly reserves the right to make all and every such regulations as may be 

6 necessary to secure, in the most ample manner, the safety, welfare and accomo- 

7 dation of the public, including among other things the right to regulate the 

8 laying down of tracks, the character of rails to be used to replace worn-out 
.9 rails specifically required by this ordinance, the right to pass and enforce or- 

10 dinances to protect the public from danger or inconvenience in the management 

11 and operation of street railways throughout the City, and the right to make 

12 and enforce all such regulations as shall be reasonably necessary to secure 

13 adequate and sufficient accomodations for the people and insure their comfort 

14 and convenience. 

The City Council may vest any or all matters of administration under this 

16 ordinance, including such thereof as are herein vested in the Mayor and other 

17 officials named, in a department or bureau of local transportation, or in its 

18 engineer or in any other official or employe. 

Section 33. This ordinance shall be binding upon the successor or suc- 

2 cessors and assigns ofthe Company, and they and each of them shall be bound 

3 by all and every its provisions by the Company to be kept and performed, 

4 precisely as if in every case they had, respectively, been named herein with the 

5 Company. 

Section 34. This ordinance shall take efifeet and be in force from and after 

2 its acceptance by the Company under its corporate seal. Provided, that, if the 

3 Company shall not file with the City Clerk the penal bond hereinabove men- 

4 tioned and its formal acceptance of this ordinance and of all of its terms and 

5 conditions within sixty days from the passage hereof, then all rights and privi- 

6 leges hereby granted shall be wholly null and void and of no effect. 



THE CHICAGO CITY RAILWAY COMPANY.— EXHIBIT. A. 

Schedule of streets upon which shall be maintained and operated tracks not ex- 
ceeding two except where otherwise noted. 

Adams street, from Dearborn street to Clark street. 

Adams street, from State street to Dearborn street. 

Archer avenue, from State street to the city limits. 

Ashland avenue, from Archer avenue to 70th street. 

Cable court, from Jefferson avenue to Lake avenue. 

Canal street, from Archer avenue to 29th street. 

Centre avenue, from 31st street to 35th street. 

Centre avenue, from 47th street to 75th street. 

Clark street, from the center of Chicago River to 22d street. 

Cottage Grove avenue, from 22d street to South Chicago avenue. A third track on 
Cottage Grove avenue, from 39th street to a point approximatelv five hundred 
(500) feet south of 39th street. 

Dearborn street, from 21st street to Archer avenue. 

Dearborn street, from Monroe street to Adams street. 



December 4, 1081 1905 

Emerald avenue, from the soiitli line of 39tli street to the projjerty of the Chicago 
City Railway Company at the northwest corner of 39th street and Emerald 
avenue; thence westerly across Halsted street, Tucker street and Gage street 
to the South Fork of the South Branch of the Chicago River. Said tracks 
may be elevated. • 

Gage street, from 38th place to canal in location of 39th street produced. 
Garland court, from Randolph street to Washington street. 
Halsted street, from O'Neil street to 79th street. 
Harrison street, from Wabash avenue to State street. 
Indiana avenue, from 48th street to 51st street. Four tracks at intersection of 

22d street, Indiana avenue and Cottage Grove avenue. 
Indiana avenue, from 51st street to 63d street. 
Jackson Park avenue (formerly Stony Island avenue), from 62d street to 64th 

street. 
Jefferson avenue, from 55th street to Cable court. 

Jefferson avenue (formerly Grace avenue), from 62d street to 64th street. 
Kedzie avenue, from 38th street to 63d street. 
Keefe avenue, from Rhodes avenue to 69th street. 
Lake avenue, from Cable court to 55th street. 
Lake avenue, from 51st street to 55th street. 
Lake street, from Wabash avenue to State street. 
Langley avenue, from 38th street to 39th street. 
Madison street, from Michigan avenue to State street, 

Michigan avenue, from Randolph street to Madison street. These tracks on Michi- 
gan avenue to be abandoned when the right to use Garland court is obtained. 
Monroe street, from Clark street to Dearborn street. 
Monroe street, from State street to Dearborn street. 
Morgan street, from 31st street to the Union Stock Yards. 
Oakley avenue, from 47th street to 49th street. 
Perry avenue, from 77th street to 78th street. 

Pitney court, from Chicago and Alton Railway tracks to Slst street. 
Randolph street, from Michigan avenue to State street. 
Rhodes avenue, from 68th street to Keefe avenue. 
Root street, from State street to and across Halsted street into private property 

in Union Stock Yards. 
State street, from the center of Chicago River to Vincennes road. A third track 
on State street from Monroe street to Adams street, and from 38th street to 
40th street. 
South Chicago avenue, from Cottage Grove avenue to the tracks of the Illinois 

Central Railroad Company. 
Throop street, from Archer avenue to private right of way about 200 feet north- 
west of 31st street, over private right of way and across Farrell street and 
31st street to Morgan street. 
Van Buren street, from Wabash avenue to Clark street. 

Vincennes road, from State street to 79th street. A third track on Vincennes road, 
from 77th street to 78th street, laid on private property belonging to the 
Chicago City Railway Company. 
Wabash avenue, from Lake street to 22d street. 
Wabash avenue, from 39th street to 40tli street. 
Wallace street, from 29th street to Root street. 

Washington avenue, from private right of way adjoining Illinois Central Railroad 
to 60th street. 



December 4, , 1G82 . 1905 

Washington street, from Michigan avenue to State street. 

Wentworth avenue, from 18th street to Vincennes road. 

Wentworth avenue, from 77th street to 79th street. 

Western avenue, from Archer avenue to 71st street. 

Eighteenth street, from Indiana avenue to State street. 

Twenty-first street, from State street to Clark street. 

Twenty-second street, from Cottage Grove avenue to the Chicago River. 

Twenty-sixth street, from Cottage Grove avenue to Halsted street. 

Twenty-ninth street, from Canal street to Wallace street. 

Thirty-first street, from right of way of the Illinois Central Railroad Company to 

Pitney court. 
Thirty-fifth street, from Cottage Grove avenue to California avenue. 
Thirty-eighth place, from Halsted street to Morgan street. 
Thirty-eighth street, from Archer avenue to Central Park avenue. 
Thirty-eighth street, from Langley avenue to Cottage Grove avenue. 
Thirty-ninth street, from Cottage Grove avenue to Halsted street. 
fortieth street, from Wabash avenue to State street. 
■ Forty-second street, from Ashland avenue to Paulina street. 
Eorty-third street, from right of way of the Illinois Central Railroad Company to 

State street. 
Forty-seventh street, from the right of way of the Illinois Central Railroad Company 

to Kedzie avenue. 
Forty-seventh street, from Kedzie avenue to Archer avenue. 
Fifty-first street, from Grand boulevard to Wood street. 
Fifty-first street, from East End avenue to Grand boulevard. 
Fifty-first street, from Wood street to Western avenue. 
Fifty-fifth street, from Everett Avenue to Cottage Grove avenue. 
Fifty-ninth street, from State street to Leavitt street. 
Sixty-first street, from Wentworth avenue to Madison avenue, thence over private 

right of way to Washington avenue (formerly South Park court). 
Sixty-second street, from Jackson Park avenue to Jefferson avenue. 
Sixty-third street, from Jackson Park avenue (formerlj^ Stony Island avenue) west 

to the city limits. 
Sixty-fourth street, from Jackson Park avenue to Jefferson avenue. 
Sixty-eighth street, from Cottage Grove avenue to Rhodes avenue. 
Sixty-ninth street, from Keefe avenue to Western avenue. 
Seventieth street, from Emerald avenue to Halsted street. 
Seventy-seventh street, from Vincennes road to State street. 
Seventy-eighth street, from Vincennes road to State street. 
Seventh-ninth street, from Vincennes road to Halsted street. 



EXHIBIT B.— THE CHICAGO CITY RAILWAY COMPANY. 

SPECIFICATIONS FOR RECONSTRUCTION AND EXTENSIONS. 

IN GENERAL. 
The intention of these specifications is to cover, in a general way, the character 
and scope of the work to be undertaken and carried out by The Chicago City Rail- 
way Company, in the improvement of its property to such an extent that tVie Com- 
pany will be able to render to the citizens of Chicago the quality and kind of ser- 
vice contemplated by the accompanying ordinance. 






December 4, 1083 1905 

UNDERGROUND CONDUIT CONSTRUCTION. 

All the underground conduit construction provided for in the ordinance here- 
with shall conform to the following general specifications: 

RAILS. 

The rails shall be of steel, shall be not less than nine (9) inches in heigiiL, shall 
\\eight not less than one hundred twenty (120) pounds per yard, and shall he of the 
"Trir;>y" type, in which, when new, the difference between height of lip and tread 
sliall not be less than three thirty-seconds (3-32) of an inch, or more than six 
chii-ty-seconds (6-32) of an inch, and the depth of the groove below the head of the 
rail, when new, shall not be more than one and one-quarter (li^) inches. 

SLOT RAILS. 

Slot rails shall be of the "Z" form, made of steel, shall weight not less than 
fifty-seven (57) pounds per yard, and shall be suitably joined by means of bolts and 
splices. 

CONDUCTOR BARS. 

Conductor bars shall be of the "T" section, made of steel, shall weigh not less. 
than twenty-one (21) pounds per yard, shall be supported upon suitable insulators 
spaced not more than fifteen (15) feet apart, and shall be joined together in such a 
manner as to properly carry the electric current without excessive leakage. 

JOINTS. 

All rail joints shall be either cast welded, electrically welded, or of a type which 
will give an equally smooth and even joint. 

CAST IRON YOKES. 

The yokes shall be of cast iron properly spaced not more than five (5) feet center 
to center, and shall weigh not less than four hundred fifty (450) pounds each. 

GENERAL CLAUSE. 

The above rails and yokes shall be supported upon and carried in a concrete 
roadbed of sufficient strength to sustain the surface load, and provided with man- 
holes and vaults, properly connected with the city sewers and spaced close enough 
together to effectively drain the conduits carrying the working conductors and the 
conduits carrying the feeder and transmission system. 

The rails shall be joined to the yokes by means of suitable bolts and lock nuts, 
and to the slot rails by means of suitable tie bars properly spaced, and in such a 
manner that they will preserve the opening between the slot rails so that it shall not 
exceed seven-eighths (%) of an inch. 

At all points where the working conductor is carried upon insulators, there shall 
be provided a suitable cast-iron frame and cover of sufficient size to provide easy 
access to the insulator. All manholes, sewer connections and other openings exposed 
to the street surface shall be provided with suitable cast-iron frames and covers, 
which, together with the frames and covers for the insulators, shall be of ample 
strength to effectually resist the strains imposed upon them by the heaviest street 
loads. 

SPECIAL WORK. 

At all points of intersection of the tracks of the Company with its own tracks or 
with the tracks of other companies, there shall be provided suitable steel special- 
work of ample strength and weight to correspond with the rails to which it connects. 
The frogs, switches and mates shall be provided with wearing plates of hardenei 
steel; and in no case shall rails used in the special-work be of less weight per fool 



December -i, 1684 



190^ 



than the weight of the rails to which they join. All special- work and curves shall 
be laid in concrete in the same general manner required for straight-line track. 

PITS AND TERMINALS. 

At all points where the underground conduit construction terminates and over- 
head construction begins, the Company shall construct suitable pits underneath 
the tracks, of ample size to provide for the removal or the adjustment of the plows 
attached to the cars. These pits shall be built of brick, concrete or masonry in a 
thoroughly substantial manner, and shall be of ample strength to effectually resist 
the heaviest traffic of the streets in which they are laid ; ; ; it being understood 
that the construction of these pits shall interfere as little as practicable with the 
use of the streets for general traffic purposes at the points where the pits are 
built. 

The Company shall also provide suitable plow-hatches, spaced with sufficient 
frequency to preserve regular and uninterrupted operation of the cars; it being un- 
derstood that these hatches except at special- work shall not be closer than two 
thousand (2,000) feet apart. 

All covers, manholes, hatches, pits, conduits, etc., shall be maintained in good 
order by the Company, and in such a manner as not to interfere with street traffic. 

PAVING. 

Paving to be laid in connection with underground conduit construction shall 
conform to the following detailed specifications: 

Granite paving blocks shall be used having a uniform grain and texture, without 
lamination or stratification, and free from an excess of mica or feldspar. Said 
blocks shall measure from three and one-half (3%) to five and one-half (51/^) 
inches in width, from seven (7) to eleven (11) inches in length (except that shorter 
stones may be used to break joints), and not less than five (5) inches in depth. 
They shall be so dressed as to have substantially rectangular plane surfaces, so 
that when in place the joints at the ends and sides shall average one-quarter (14) 
inch in width. Soft or weatherworn stones obtained from the surface of the quarry, 
and stones which wear to a polish under traffic, shall not be used. All blocks shall 
be laid in uniform courses across the roadway and the space between the blocks, 
when in place, sliall in no case be less than one-eighth (%) of an inch nor more 
than three-eighths (%) of an inch in width. Each course shall consist of blocks 
of the same width. They shall be so laid that all longitudinal joints shall be 
broken by a lap of approximately three (3) inches. The spaces shall be immediately 
filled to within two (2) inches of the top of the blocks with, dry gravel free from, 
loam and dirt, and the blocks rammed to a true surface and firm bed with a 
seventy-five (75) pound rammer of approved shape. No cracked or chipped blocks 
shall remain in the pavement. After ramming, the spaces between the blocks shall 
be completely filled with a paving pitch made by the distillation of "straight run'' 
coal tar and of such quality and consistency as shall be approved by the Commis- 
sioner of Public Works. The pitch shall be used at a temperature of not less than 
two hundred eighty (280) degrees Fahrenheit and be spread in such quantity as to 
apply two (2) gallons to each square yard of pavement. The spreading shall be done 
in sections if the Commissioner of Public Works so- directs. 

OVERHEAD ELECTRIC CONSTRUCTION. 

All cable track of the Company shall be reconstructed and converted into electric 
track, and all cable track not designated for underground conduit construction shall 
be provided with overhead electric construction conforming to the following general 



December 4, 1685 1905 

specifications, which shall also apply to the reconstruction of any of the present 
tracks to be operated by electric power from overhead construction and to all addi- 
tional tracks or extensions to be so operated: 

RAILS. 

On all of said streets or portions thereof wiiere granite, asphalt or brick pavement 
is laid upon a concrete foundation, a Trilby rail of the section used for underground 
conduit construction, weighing not less than one hundred twenty (120) pounds per 
yard, shall be laid; but a girder type of rail not less than even (7) inches in height, 
and weighing not less than ei^ghty-five (85) pounds per yard having a tram of not less 
than two and three-quarters (2%) inches may be used on the streets or portions 
thereof not so paved, provided the difference in elevation between the head of the rail 
and the wagon tread is not more than one and one-quarter (ll^) inches, when the 
rail is new; and provided further, that at such times as the streets on which the_ 
girder rail is laid are paved with granite, asphalt, brick, creosoted block or other 
similar material on concrete foundation, the Company will substitute Trilby rails of 
the section used for underground conduit construction weighing not less than one 
hundred twenty ( 120 ) pounds per yard of the above-mentioned type, but the Company 
shall not be compelled, on account of the paving or repaving of any street, to remove 
good serviceable rails before being worn out. 

JOINTS. 

Same as given for underground conduit construction, except that the joint used 
must be one which will provide a carrying capacity for the electric current equivalent 
to the carrying capacity of the rail itself. 

FOUNDATIONS. 

The rails shall be laid upon concrete beams, wooden ties, steel ties or cast-iron 
chairs or in any other form of first-class modern approved street-railway track con- 
struction. 

PAVING. 

The paving in all cases where the said streets or portions thereof are paved with 
granite asphalt or brick pavement on a concrete foundation shall comply with the 
detailed specifications for granite-block pavement as above. If such street paving 
alongside of tracks shall be asphalt pavement the rails shall be lined on the outside 
with a ribbon of such granite pavement twelve (12) inches wide. 

BONDING AND CROSS-BONDING. 

In case the rails are joined by any other form of joint than a cast- welded or elec 
trically- welded joint, there shall be some form of bond used which will^ connect .he 
ends of the rails together in such manner that the conductivity of the joints shall be 
equal to the conductivity of the rail. The rails of each single track and the inside 
rails of the double track of all tracks having overhead electric construction shall be 
connected together by cross-bonds of No. 2-0 (B. & S. gauge) copper wire spaced not 
more than one-thousand (1,000) feet apart, and properly secured to the rails m sucn 
manner that the full conducting effect of the wire may be utilized. The rails shal 
be so bonded or joined and such return circuits and other necessary devices installed 
as to reasonably and effectually prevent damage from electrolysis. 

OVERHEAD CONSTRUCTION. 

All new overhead construction shall consist of one (1) trolley wire suspended over 
each track by span wires attached to poles set at the curb line or suspended from 
brackets attached to poles. 

Poles shall be of iron or steel weighing approximately nine hundred (900) pounds 



December 4, 1686 19Q5 

each, set in concrete and kept thoroughly painted. They shall be spaced on an avera-e 
of from one hundred ten (110) to one hundred fifteen (115) feet apart for straight 
track, except at street intersections, and so as not to obstruct cross streets, alleys 
or private driveways. The location of poles shall be determined by the Commissioner 
of Public Works. ' 

All material used in the overhead construction shall be of the most modern type 
and shall be capable of sustaining all the weights and strains that come upon it under 
normal conditions of operation and from wind, sleet and ordinary accidents. 

The trolley wires shall be No. 2-0 (B. &. S. gauge) hard-drawn copper. Phosphor 
bronze, silicon bronze, or other material equal in strength and conductivity may also 
be used. Trolley wires shall be suspended not less than eighteen and one-half (181/.) 
feet above the rails. There shall be at least two (2) insulations between the trolley 
wire and the supporting pole. Span wires shall be galvanized steel. 

All feeder wires, not required by the accompanying ordinance to be placed under 
ground, shall be suspended by insulators upon said poles supporting said trolley 
wires or upon poles placed at the side of streets, alleys or other public ways in 
locations to be approved by the Oommissioner of Public Works. These wires and 
poles shall be so situated that the Company may make convenietly all the connections 
provided for in Section 4 of said ordinance. The said trolley wires, feeder wires and 
All other wires authorized by said ordinance to be installed by the Company may, 
where located in streets, alleys, or other public ways in, along or across which are 
located railroads elevated above the surface of the streets, be strung upon or from the 
structures of such railroads, with the consent of the company owning or operating 
the same. Said wires shall be attached to said structures and maintained under the 
supervision of the City Electrician. 

Underground conduits to carry any of the wires authorized by said ordinance to be 
installed by the Company, shall not exceed four (4) feet in width and three (3) feet 
in depth, and shall be of tile, cement, iron or other material impervious to moisture 
and not subject to decay. All transmission and feeder wires and cables laid under 
ground shall be covered with lead or other impervious material. Before any cable 
containing such wires shall be put in use it shall be tested by an alternating current 
of twice the working voltage of the cable. All forms of cable used by the Company 
containing more than one conductor shall be tested in like manner. 

Wentworth avenue and Halsted street, between 39th street and 63d street, shall not 
be used for through trunk line overhead feeders, but for overhead local distribution 
feeders only. 

GENERAL. 

SPACING OF TRACKS. 

In laying or relaying rails in any of the streets included in the accompanying oi-- 
dinance upon which more than one track is to be built the distance between centers 
of tracks may remain as at present, but in order to accommodate large, modern cars, 
and provide for their safe passage, this distance shall be at least nine (9) feet eight 
and one-half (81/2) inches between center lines of tracks. The exact location of tracks 
in the streets shall be subject to the approval of the Commissioner of Public Works. '"^ 

POWER HOUSE AND SUB-STATIONS. 

The present cable plants for supplying power shall be abandoned as soon as prac- 
ticable and in place thereof one or more electric plants shall be substituted, o^vned 
and operated either by the Company or by some other company, capable of furnishing 
reliable service, and which, together with the necessary sub-stations, shall be of suf- 



1905 



BE^OT 



December 4, 16^7 

ficient capacity to supply the requisite amount of power to efficiently, successfully 
and continuously operate not less than six hundred eighty- two (682) double-truck 
ears and two hundred fifty-one (251) single-truck cars hereinafter mentioned. 

In the construction of such plants and sub-stations, the Company shall comply with 
all general ordinances of the city in regard to b^iildings and to the installation of ma- 
chinery, boilers and smoke- consuming appliances. The buiiaings of said power plants 
shall be substantially fireproof and supplied with smokestacks sufficient to carry off 
all gases emitted, and the foundations for the machinery therein shall be constructed 
in a solid and substantial manner. 

The machinery and apparatus employed shall be selected and installed with a view 
oi affordino- uninterrupted operation of the cars upon said railways, and to obtain 
this end the machinery shall be so arranged that a stoppage of one machine shall 
not prevent the operation of the remaining machines, and reserve machmery shall 
always be ready to be thrown into service. All boilers, piping, valves, fittings, steam 
engines, turbines, generators, switchboard apparatus, and other appliances used, shall 
be of the latest and most approved design and constructed and installed m accordance 
with the best engineering practice. 

In all dynamos and connections where- a high-voltage current is produced or used 
approved methods for the protection of human life shall be employed. 

The high-tension switches shall be entirely enclosed in fireproof material, and shall 
be operat^'ed by levers, compressed air, auxiliary currents, or by such other means as 
will, as far as practicable, prevent personal contact with high-tension current. 

■ All feeders leading out of power plants and sub-stations shall be provided with 
some form of safety switches or automatic circuit-breakers designed to instanta- 
neously open the circuif in case of a short circuit occurring on the feeder or on the 
fcrolley wire which it feeds, 

\11 the foregoing specifications regarding modern and approved apparatus, protec- 
tion from fire "and provisions for the protection of human life, shall apply with equal 
force to the sub-stations in case a system of transmission involving the use of sub- 
stations is adopted. 

CAE SHOPS AND MACHINERY. 

It is contemplated that the present car shops and machinery contained therein will 
remain as at present installed and located as follows : 

Complete plant fronting on Vincennes road at the corner of Seventy-eighth street, 
extending from Vincennes road to Wentworth avenue. 

CARS. 

The Company stall put into service as rapidly as prarticaWe and operate on ib 
street-railway system six hundred eighty-two (082) or more double-truck cars each 
capable oi seating from forty (40) to fifty-two (52) passengers. These ca s shal 
have center aisles'and cross seats, which shall face forward, except t >at ong.tudma. 
seats, seating not to exceed four (4) people, may be used at each »d <>f «- c« -d 
on each side of the car immediately inside the entrances. They shall be ve»t buled 
'and shall be supplied with a sufficient number of electric bells, connections and biu- 
tons to enable passengers without inconvenience to notify the conductor o their ,le_ 
sire to leave the car and shall also be equipped with the most serviceable form of 
fender devices, headlights, sand boxes and gongs. 

In addition to the above cars the Company may retain in operation on said streets 
two hundred fifty-one (251) of the present single-truck cars now in service, it being 



December 4, 1688 , 1905 

■understood that these cars shall be selected from the best cars now in service and shall 
conform in every respect to all general ordinances of the city regulating such cars. 

All the above cars shall be equipped with sufficient motor capacity to properly oper- 
ate the cars at the schedule speed required by the service over the particular lines 
that they may be operated upon. All double-truck cars shall be provided with an 
effective hand brake and in addition thereto some approved form of power brake. 

Each car shall bear appropriate and conspicuous signs upon its sides and ends, so 
placed as to indicate its route both day and night; at night such signs shall be illu- 
minated. 

Electric or hot-water heaters, or heaters of other approved type, of sufficient ca- 
pacity to heat the above cars as stipulated in accompanying ordinance, shall be used, 

OTHER ROLLING STOCK. 

The Company shall provide all necessary snow-plows, sweepers, repair cars, work 
cars, etc., to properly take care of its system and maintain it in first-class working 
condition. 

SUPERVISION OF WORK. 

All work constructed or reconstructed under these specifications shall be subject to 
the inspection and approval of the Consulting Engineer of the City, who shall be 
specially authorized to have charge of the work during the reconstruction period. 

The Company shall furnish and deliver to the City two (2) complete sets of blue- 
prints of its drawings made sufficiently in detail to show the general design and gen- 
eral location of all new construction work, placed in the city streets, under these 
specifications, including track, feeder, conduit and transmission system, and the neces- 
sary appurtenances pertaining to them. Both sets of tliese blue-prints shall be de- 
livered to the duly authorized Consulting Engineer of the City in charge of such work, 
prior to the beginning of the construction of the work represented by the prints. 
When each section of the work is begun the Company shall notify said Engineer, 
giving the date of the beginning of such work, and after the section is completed the 
Company shall again notify said Engineer, giving tlie date of completion. After the 
dates are recorded by the Engineer upon the blue-prints, one set of the prints shall 
be delivered to the Commissioner of Public Works and kept on file in his office. 

TIME OF COMPLETION OF IMPROVEMENTS. 

The improvements contemplated by these specifications shall be begun within sixty 
(60) days after the acceptance of the accompanying ordinance by the Company, and 
all the work herein outlined shall be prosecuted with due diligence and shall be com- 
pleted on or before five ( 5 ) years from the date of said acceptance, unless delayed by 
the City or by strikes, riots or other causes beyond the control of the Company. It 
is understood that the six hundred eighty-two (682) cars above mentioned shall be 
in operation upon the tracks of the Company within three (3) years from the pas- 
sage of the accompanying ordinance, unless so delayed. 

CHANGES OF SPECIFICATIONS. 

It is understood that nothing herein shall be construed in such a manner as to pre- 
vent the Company from using more expensive and better material than that herein 
specified on any part of its work, or from doing more work than provided herein. 

During the reconstruction period these specifications may be modified in any par- 
ticular by which a better type of construction can be obtained, upon the joint approval 
of the Company and the Consulting Engineer of the City and after said period upon 
the joint approval of the Company and the Commissioner of Public Works. 



December 4, - 1089 1905 

EXHIBIT C. 

Tlirougb routes to be operated by the Chicago City liailway Company, the North 
Chicago Street Railroad Company, and the West Chicago Street Railroad Com- 
pany. 

ROUTE ISO. 1. 

Beginning at Jackson Park avenue (formerly Stony Island avenue) and G3d street, 
thence west on 63d street to Indiana avenue j north on Indiana avenue to 18th street; 
west on ISth street to Wabash avenue; north on ^Yabash avenue to Lake street; west 
on Lake street to St-ate street; north on State street to Division street; west on Di- 
vision street to Clark street: north on Clark street to Devon avenue; returning by 
the same route. 

KOVTE xo. 2. 

Beginning at Wallace street and 79th street; east on 79th street to Vincenues road; 
north on Vincennes road to Wentworth avenue; north on Wentworth avenue to Archer 
avenue; east on Archer avenue to Clark street; north on Clark street to Division 
street; west on Division street to Clybourn avenue; north on Clybourn avenue to Bel- 
mont avenue: returning by the same route. 

UOITE XO. 3. 

Beginning at Lake avenue and ooth street; west on ootli street to Cottage Grove 
avenue; north on Cottage Grove avenue to 22d street; west on 22d street to Wabash 
avenue; north on \^'abash avenue to Harrison street; west on Harrison street to Dear- 
born street; north on Dearborn street to Washington street; west on Washington 
street to La Salle street: north on La Salle street to Illinois street; east on Illinois 
street to Clark street; north on Clark street to Center street; west on Center street 
to Lincoln avenue; north on Lincoln avenue to Bowmanville (Foster avenue); 
returning by the same route. 

ROrXE NO, 4. 

Beginning at 7otli street on South Chicago avenue; north on South Chicago avenue 
to Cottage Grove avenue: north on Cottage Grove avenue to 22d street; west on 22d 
street to Wabash avenue: north on ^N'abash avenue to Washington street; west on 
Washington street to La Salle street: north on La Salle street to Illinois street: west 
on Illinois street to Wells street; north on Wells street to Clark street; north on 
Clark street to Center street; west on Center street to Lincoln avenue: north on Lin- 
coln avenue to Wrightwood avenue : returning by the same route. 

ROUTE NO. 5. 

Beoinninji- at 77th street and Vincennes road: north on Vincennes road to State 
street : north on State street to Van Buren street : west on Van Buren street to Ked- 
zie avenue; returning by the same route. 

ROUTE NO. 6. 

Beginning at 77th street and Vincennes road: north on Vincennes road to State 
street; north on State street to Washington street: west on Washington street to Des- 
plaines street; north on Desplaines street to Milwaukee avenue; north on Milwaukee 
avenue to Armitage avenue: west on Arraitage avenue to 44tli avenue; returning by 
the same route. 

ROUTE NO. 7. 

Beginning on State street at 39th street: north on State street to Madison street; 
west on Madison street to 40th avenue: returning by the same route. 

ROUTE NO. 8. 
Beoinnino- at Jackson Park avenue and 63d street: west on 63d street to Halsted 



December 4, 1690 1905 

street; north on Halsted street to Evanston avenue; north on Evanston avenue to 
Graceland avenue; returning by the same route. 

KOUTE NO. 9. 
Beginning at 69th street and Asliland avenue; north on Ashland avenue to 12tii 
street; west on 12'th street to Paulina street; north on Paulina street to Lake street; 
east on Lake street to Ashland avenue; north on Ashland avenue to Clybourn place; 
east on Clybourn place to Southport avenue; north on Southport avenue to Clybourn 
avenue; returning by the same route. 

ROUTE NO. 10. 
Beginning at 71st street and Western avenue; north on Western avenue to Belmont 
avenue; returning by the same route. 

EOUTE NO. 11. 
Beginning at North avenue and Clark street; ^outh on Clark street to Madison 
street; west on Madison street to Ogden avenue; southwest on Ogden avenue to 40th 
avenue; returning by the same route. 

ROUTE NO. 12. 

Beginning at Clark street and North avenue; west on North avenue to Wells street; 
south on W^ells street and Fifth avenue to Adams street; west on Adams street to 
Clinton street; south on Clinton street to Harrison street; west on Harrison street 
to the intersection of Halsted street and Blue Island avenue; southwest on Blue 
Island avenue to Western avenue; returning by the same route. 

ROUTE NO. 13. 
Beginning at 48th avenue and Archer avenue; northeast on Archer avenue to Hal- 
sted street; north on Halsted street to Evanston avenue; north on Evanston avenue to 
Graceland avenue; returning by the same route. 

ROUTE NO. 14. 

Beginning at 46th avenue and 12th street; east on 12th street to Ogden avenue; 
northeast on. Ogden avenue to Randolph street; east on Randolph street to Fifth ave 
nue; north on Fifth avenue and Wells street to Clark street; north on Clark street 
to Diversey boulevard; returning by the same route. 

ROUTE NO. 15. 

Beginning at 21st street at Douglas Park; east on 21st street to Halsted street; 
north on Halsted street to Canalport avenue; northeast on Oanalport avenue to Canal 
street; north on Canal street to Polk street; east on Polk street to Fifth avenue; 
north on Fifth avenue and Wells street to Clark street; north on Clark street to 
Diversey boulevard; returning by the same route. 

ROUTE NO. 16. 

Beginning at State and 39th streets; thence north on State street to T/ake street; 
west on Lake street to Pine avenue; returning by the same route. 

It is understood that this route will be extended w^est to the city limits as soon as 
a subway is built under the Chicago and Northwestern Railway tracks. 

ROUTE NO. 17. 

Beginning at 63d street on Kedzie avenue; north on Kedzie avenue to Chicago ave- 
nue; east on Chicago avenue to California avenue; north on California avenue to 
Belmont avenue; returning by the same route. 

ROUTE NO. 18. 

Beginning on Division street at Plumboldt Park; east on Division street to Clark 



December 4, 1691 1905 

street; north on Clark street to North avenue and Lincoln Park; west on North ave- 
nue to Wells street; south on Wells street to Division street; west on Division street 
to Humboldt Park. 

ROUTE NO. 19. 

Beginning on Chicago avenue at 60th avenue; east on Chicago avenue to Milwaukee 
avenue; south on Milwaukee avenue to Lake street; east on Lake street to and around 
the State Street Lo'op ; returning by the same route. 

ROUTE NO. 20. 

Beginning on Madison street at 60th avenue ; east on Madison street to and around 
the State Street Loop ; returning by the same route. 

ROUTE NO. 21. 

Beginning on North avenue at 48th avenue; east on North avenue to Milwaukee 
avenue; south on Milwaukee avenue to Lake street; east on Lake street to and around- 
tbe State Street Loop ; returning by the same route. 

AN ORDINANCE 

Authorizing the West Chicago Street Railroad Company to maintain and operate a 
system of street railways in certain streets and public ways in the City of 
Chicago. 
W^HEREAS, The West Chicago Street Railroad Company, thr'ough itself and its les- 
sors, heretofore constructed and now, through its lessee, the Chicago Union Trac- 
tion Company, and the Receivers of said Chicago Union Traction Company, maintains 
and operates a system of street railways in certain of the streets and public ways 
of the City of Chicago (hereinafter for brevity called the City), particularly described 
in the schedule, marked "Exhibit A," hereto attached and made part hereof; and, 
Whereas, The claim of the Company of a right to maintain and operate, through 
itself or its lessee, after the expiration of the period of twenty years mentioned in 
the extension ordinance of July 30, 1883, as amended by the ordinance of August 6, 
1883, and after the expiration of the respective periods of time mentioned in ordi- 
nances to the Chicago West Division Railway Company passed after July 30, 1883, 
those parts of its said street railway system for which its lessor, the Chicago West 
Division Railway Company, received grants or ordinances, is denied by the City ; and, 
Whereas, The ordinances authorizing the Company, or its lessors, to maintain 
and operate the remaining parts of its street railway system are claimed by the City 
either already to have expired by limitation or to be about to expire by limitation 
from time to time within the next few years ; and. 

Whereas, It is necessary for the proper accommodation of the public to reconstruct 
aaid newly equip at large cost certain parts of the street railway of the Company; and. 
Whereas, The City desires to acquire the right and be in position as soon as prac- 
ticable, freely to deal with the subject of transportation in its streets as a whole. 
Now, therefore, 
Be it ordained hy the City Council of the City of Chicago: 

Section 1. That, in consideration of the acceptance of this ordinance, and of 

2 the undertaking thereby to comply with all and every its provisions, conditions 

3 and requirements, by the West Chicago Street Railroad Company (hereinafter 

4 for brevity called the Company), and also by the Chicago West Division Railway 

5 Company, the Chicago Passenger Railway Company, the West CM- 

6 cago Street Railroad Tunnel Company, the Chicago Union Traction 

7 Company, the Receivers of the Chicago Union Traction Company and 



December 4, 1692 ' 1905 

10 the Receivers of the West Chicago Street Railroad Company, consent, permission 

11 and authority are hereby granted to the Company, its successors and assigns, to 

12 maintain and operate, for a period of twenty years (subject to prior determina- 

13 tion as hereinafter provided), from and after the date of passage of this ordi- 

14 nance, a system of street railways in, upon and along the streets and public ways, 

15 or portions thereof, in which its lessee, through its Receivers, now maintains and 

16 operates either a single or double track street railway, with certain addi- 

17 tions thereto, as shown by the schedule marked "Exhibit A," hereto attached 
IS and made part hereof. Said schedule shall be conclusive evidence of the streets 

19 and public ways, or portions thereof, in which the Company is authorized by this 

20 ordinance hereafter during said period to maintain and operate a street railway 

21 and of the number of tracks hereby authorized to be maintained and operated, 

22 in each of said streets and public ways or portions thereof. 

The Company shall also have the right to' construct, maintain and operate all 

24 curves, crossings, cross-overs, turn-outs, branch-offs, switches and connections 

2o within the streets, alleys and public places specifically described in said "Exhibit 

2Q A." connecting and necessary and convenient to connect tracks authorized 

27 by this ordinance, or to connect said tracks, or any of them or its tracks on pri- 

28 vate property with the adjoining tracks of other corporations or with the ad- 

29 joining power houses, sub-stations, car houses, shops, yards and other property 

30 now or hereafter owned, leased, controlled or operated by the Company and used 

31 in the operation of street railways under the powers given by this ordinance, or 

32 proper and convenient for use in furnishing efficient service during rush hours, 

33 or in case of fire, accident, blockade or other event making the use of regular 

34 tracks or routes impracticable or inefficient. 

In all cases where this ordinance and the ordinances to the North Chicago 

36 Street Railroad Company and The Chicago City Railway Company, pending before 

37 before the Council at the same time with this ordinance, confer grants to more 

38 than one company in the same part of any street, the rights granted to the re- 

39 spective companies in such part of any street shall be for a mutual and joint use 

40 of tracks and the rights of each company therein shall be the same as though the 

41 ordinances making the* grants to said several companies had been passed and 

42 taken effect concurrently, regardless of the actual dates of their passage and ac- 

43 ceptance. 

Section 2. The Company shall proceed at once to reconstruct portions of its 

2 tractfs and roadbed, and put its entire plant and equipment in first-class condi- 

3 tion, in full compliance with the specifications for such work marked "Exhibit 

4 B." and hereto attached and made a part of this ordinance; and the several im- 

5 provements and betterments called for by said specifications shall be fully com- 

6 pleted by the Company within five years from the passage of this ordinance, ex- 

7 dusive of delays due to unavoidable accidents, labor strikes or the orders or de- 

8 crees of any court of competent jurisdiction entered in any suit brought without 

9 the Company's connivance. All the new cars specified in said exhibit hereto shall 
10 be placed in .service within three years from such passage. 

After the completion of the reconstruction and re-equipment particularly re- 

12 quired by the terms of said "Exhibit B," the Company shall maintain its plant 

13 and equipment in first-cla,ss condition by making, from time to time, such im- 

14 provements and betterments as may be necessary to give to the public first-class 

15 street railway service continuously throughout the term of this grant. It shall 

16 at all times, both day and night, operate sufficient cars to accomodate the 



December 4, 1693 1905 

17 traffic; and it shall, throughout the term of this grant, at all times, operate its 

18 street railways so as to render to the public efficient street railway service. 

The Company, prior to and during the said reconstruction of its street railway 

20 system, is hereby authorized to operate its several lines, respectively, by the power 

21 now employed for that purpose. 

In order to accommodate the public during the period of reconstruction the 

23 Company shall have the right to operate its cars on temporary tracks when 

24 necessary upon any portion of any street or public way covered by this grant by 

25 electric power applied by means of temporary overhead wires, subject to such 

26 terms and conditions as may be imposed by the Mayor and Commissioner of 

27 Public Works. 

The provisions of this ordinance in the nature of specifications shall be given 

29 at all times full force and effect save only in cases of express conflicting pro- 

30 visions, if any, contained in said "Exhibitf B," which in such cases shall pre-_ 

31 vail. They shall be construed together and both, so far as practicable, be 

32 given full efifect throughout the life of this ordinance; but nothing in them jH 

33 contained shall prevent the Company from using more expensive or better ma- ™ 

34 terials or from making usual and desirable improvements of its street railway 

35 system, in addition to those specified, under the supervision of the Commissioner 

36 of Public Works. 

Section 3. The Company (except as hereinbefore provided) shall operate 

2 all of its street railways in the City, during the term of this grant, by elec- 

3 tricity. The Company may operate all of said lines by overhead contact trolley 

4 wires, suspended from poles, or from the structures of railroads elevated above 

5 the surface of the streets, under the supervision of the City Electrician. Pro- 

6 vided, however, that, in case the underground electric system, to be installed 

7 by The Chicago City Railway Company on a portion of its lines, as provided 
8* for in its ordinance, shall prove to be practicable and be so determined under 
9 the provisions of said ordinance, thereafter at any time the Company may Ije 

10 required to adopt and install such underground system for the propulsion of 

11 its cars in and upon such of the streets and parts of streets (except those 

12 upon which are located elevated railroads) mentioned and described in Exhibit 

13 A, and lying and being in the south division of said city, north of Polk street, 

14 as the City shall then direct. 

The Company shall keep all catch-basins and drains connecting the electric 

16 conduits of said underground system with sewers clean and free from deposils 

17 of mud. In the construction of such underground electric conduits the Com- 

18 pany is hereby authorized to change the present location of conduits, cables, 

19 gas pipes, steam pipes, water pipes, sewers, drains, man-holes and catch-basins 

20 and other underground structures belonging to private individuals, corporations, 

21 or the City, wherever any such change in location is necessary to the proper 

22 installation of its underground work. All such changes shall be made without • 

23 cost to the City, and in such manner as to cause no unnecessary injury or dis- 

24 turbance to the City or other parties affected. 
Section 4. The Company shall be authorized and permitted during the term 

of this grant to operate its cars upon all its street railway tracks, excepting 

those required by the provisions of Section 3 of this ordinance to be operated 

4 by an underground electric system, by overhead contact trolley wires suspended 

from poles or from the structures of railroads elevated above the surface of the 

6 streets, under the supervision of the City Electrician. 

Such poles shall be of iron or steel, ornamental in design and kept well 



3 



December 4, 1694 ' 190a 

8 painted. They shall be set in concrete, at the curb line, on the average of 

9 not less than one hundred and fifteen feet apart, and so as not to obstruct cross 

10 streets, alleys and private driveways. The exact kind and location of poles 

11 for each new construction or reconstruction shall be determined by the Corn- 

12 missioner of Public Works. 

All trolley wires shall be of hard drawn copper, phosphor bronze, silicon 

14 bronze, or some other material of strength equal to hard drawn copper. They 

15 shall be strung not less than eighteen and one-half feet above the rails, except 

16 when attached to the structures of railroads elevated above the surface of the 

17 street under the supervision of the City Electrician; and there shall be at 

18 least two insulations between such trolley wires and each supporting pole. 

All material used by the Company in its overhead construction shall be of 

20 the most modern type; and such overhead construction shall be capable of sus- 

21 taining all weights and strains t^at may come upon it, including those due to 

22 wind, sleet, and ordinary accidents. 

The Company may use its said conduits and trolley poles and wires for all 

24 purposes connected exclusively with the operation of its street railways, such as 

25 power, light, heat and signals. It may connect said conduits, poles and wires 

26 with its transmission and feeder wires, power plants, sub-stations, car houses, 

27 repair shops, or other property of the Company, and with any transmission or 

28 feeder wires of any other individual or corporation from whom or which it 

29 may derive electrical power for the operation of its street railways. 

SECTioisr 5. The City shall have the right, without the payment of any com- 

2 pensation therefor, during the term of this ordinance, to use the poles of the 

3 Company to carry its signal, telephone, telegraph and electric light wires 

4 and lamps. The transmission wires of the City for such purposes shall be 

5 placed on poles of the Company on the side of each street or way (where poles 

6 are located on both sides thereof) designated by the Company's engineer, and 

7 under his direction, without cost or expense to it; but the Company shall 

8 repair and maintain its poles without cost or expense to the City. Provided, 

9 that the City shall indemnify and save, harmless the Company against and from 

10 all damages, judgments and costs which the Company may suffer by reason of 

11 any negligence of the City in using said poles. 

Section 6. The Company, to reduce the number of poles in the streets and 

2 ways occupied by it, may permit other corporations, having or vvhich shall 

3 hereafter obtain authority from the City Council to operate telegraph, tele- 

4 phone, or electric lighting plants by means of overhead wires in said streets 

5 and ways, to carry their wires on its poles therein upon such terms and for 

6 sueh compensation as may be agreed upon by the parties. The Company shall 

7 make^ no contract with any such other corporation which will affect the rights 

8 of the City or extend beyond the termination of this ordinance. The Com- 

9 pany shall file with the Comptroller of the City copies of all contracts between" 
10 itself and other corporations for the use of its poles. 

Section 7. All transmission and feeder wires within the City, carrying a 

2 current of more than one thousand volts, shall be laid underground, except 

3 when carried on the structures of railroads elevated above the surface of the 

4 streets their attachment and maintenance being under the supervision of the 

5 City Electrician; and all such wires of whatever voltage within that portion of 

6 the City lying east of the west line of Halsted street shall be laid underground,. 

7 (except as aforesaid). To this end, authority is hereby conferred upon the Com- 



December 4, 1695 1905 

8 pany to enter upon, excavate for, and construct a system of conduits in the 

9 streets, alleys, and other public ways of the City of sufficient capacity to carry 

10 its said wires. The said conduits shall not exceed four feet in width and three 

11 feet in depth, and shall be of tile, cement, iron or other material impervious 

12 to moisture and not .subject to decay. Their exact location shall be fixed by 

13 the Commissioner of Public Works. 

If at any time the City shall desire to place conduits in streets or public 

15 ways wherein the Company is then about to place conduits, a single trench 

16 may be used for both. The expense in each such case shall be divided between 

17 the Company and the City according to the space used by each therein. 

All transmission and feeder wires laid underground shall be covered with 

19 lead or some other impervious material. Before any cable containing sucli wires 

20 shall be put in use it shall be tested by an alternating current of twice the 

21 working voltage of the cable. All form's of cable used by the Company, con- 

22 taining more than one conductor, shall be tested in like manner. 

All transmission and feeder wires not herein required to be placed under- 

24 ground, or permitted to be carried on the structures of railroads elevated above 

25 the surface of the streets, as aforesaid, .shall be suspended by insulators upon 

26 poles supporting trolley wires or upon poles placed at the sides of streets, 

27 alleys or public ways, in locations to be approved by the Commissioner of 

28 Public Works. 

Section 8. All wires and conductors for the transmission of electricity in 

2 and along any street, alley or public way (whether under or above ground) 

3 shall be installed in a substantial and workmanlike manner, so as to interfere 

4 as little as possible with the other uses of said public places; and all electric 

5 work of every kind and character shall comply .strictly with the ordinances of 

6 the City applicable thereto. It shall in every instance be done and maintained 

7 under the supervision and subject to the approval of the City Electrician. 

All work of construction, reconstruction and repair of every kind and char- 
9 acter, other than electrical work, authorized or permitted by this ordinance and 

10 by "Exhibit B" hereto attached shall be done under the supervision and shall 

11 be subject to the approval of the Commissioner of Public Works of the City. 

The Company, before it makes any excavation in, or in any way interferes 

13 with the surface of, any street or public way for the purpose of doing any 

14 work authorized by this ordinance, shall obtain from the Commissioner of Public 

15 Works of the City a permit so to do, which permit shall contain a condition 

16 requiring the Company to restore said street or way and maintain it for one 

17 year thereafter; and in every case the Company, after it has restored such 

18 street or way, shall maintain it for one year after such restoration. The bond 

19 of the Company provided for in Section 22 hereof shall secure the faithful 

20 performance of the work covered by each and every of said permits. 

Section 9. The tracks, authorized by this ordinance to be maintained by the 

2 Company, shall not be elevated above the surface of the street or public way 

3 in which they are placed. They shall be laid and maintained by the Company 

4 so a,s to conform to the grade of sucb street or public way as the same is, 

5 or from time to time hereafter shall be, established by the City Council. 

All tracks shall be laid with the best materials and in the most approved 
7 modern manner. The rails shall be laid, except as hereinafter provided, on 
8' wooden ties, steel ties, or concrete. Tf wooden ties be used, they shall be placed 
9 not further apart than three feet between centers. 



December 4, 1696 1905 

All new track construction liereafter laid in streets or public ways paved, 

11 or about to be paved, with asphalt, granite, brick, creosoted block, or other 

12 similar material shall be laid with modern improved rails of the grooved type, 

13 known as the "Trilby" rail, weighing not les3 than one hundred twenty pounds 

14 per yard, in which, when new, the difference between height of lip and tread 

15 does not exceed six thirty-seconds of an inch. Such type of rail shall also be 

16 laid whenever it becomes necessary to renew worn-out tracks in streets paved 

17 or repaved with asphalt, granite, brick, creosoted block, or other similar ma- 

18 terial; but the Company .shall not be compelled, on account of the paving or 

19 repaving of any street, to remove good serviceable rails before being worn out. 

20 In all streets or ways, not paved as aforesaid, the girder type of rail, having 

21 a height of not less than seven inches and weighing not less than eighty-five 

22 pounds per yard, may be used. 

Section 10. The Company, as respects filling, grading, paving, keeping in 

2 repair, sweeping, sprinkling, keeping clean, or otherwise improving the streets 

3 or parts of streets occupied by its railway, shall fill, grade, pave, keep in 

4 repair, sweep, sprinkle, and keep clean eight feet in width of all streets and 

5 public ways, or portions thereof, occupied by it with a single track railway, 

6 and (except as hereinafter in this section provided) sixteen feet in width of 

7 all streets and public ways, or portions thereof, occupied by it with a double 

8 track railway. 

In each case where by said "Exhibit A" hereto the Company is authorized 

10 and required to change a single track to a double track' in any street or part 

11 of a street, if the roadway therein be not at least thirty-eight feet in width, 

12 the Company shall widen such roadway to said width and shall rebuild the 

13 catch-basins and their connections and curb and pave said street, as required by 

14 the City Council, at its own expense. Provided, that the Company shall not 

15 hereby be required to pave, in addition to the part of the street occupied by 

16 its double-track street railway as provided for in this ordinance, more than eight 

17 feet in width of such roadway. 

The Company, at its own expense, shall keep said portions of all streets and 

19 public ways occupied by its tracks free of snow and ice. In removing snow and 

20 ice, it shall not deposit the same upon the portions of the street or public way 

21 outside of its tracks, except temporarily; and, in every case of such temporary 

22 deposit, it shall be removed by the Company within a reasonable time to be 

23 fixed by the Ma^or and Commissioner of Public Works. 

The Company, upon the order of the Commissioner of Public Works, shall 

25 pave, repave, or repair the portions of the streets and public ways which by 

26 this grant it is required to keep paved and in repair, whenever and as often 

27 as the same shall reasonably require paving, repaving or repairing, and shall at 

28 all times keep the surface of all of its paving at least up to the top of the rail. 

The pavement which the Company shall be required to lay down and keep 

30 in repair in the portion of any street or way which it is required herein to pave 

31 and keep in repair shall be of the following kinds, to-wit : 

First. In all streets or ways in which the Company has in place, at the 

33 date of the passage of this ordinance, a good serviceable pavement, it shall re- 

34 pair and maintain the same while serviceable under the direction of the Com- 

35 missioner of Public Works as aforesaid. • 

Second. Whenever any existing pavement of the Company, in any paved 
37 street or way, can no longer be made serviceable by repairs; and whenever the 



December 4, 1697 1905 

38 portions of any street or public way outside of the strip herein required to be 

39 paved by the Company are neAvly paved or repaved, with asphalt, granite, 

40 brick, creosoted block, or other similar material, as aforesaid, and the pavement 

41 of the Company therein does not comply with the following specifications; and 

42 whenever the Company relays its rails in any such paved street or public 

43 way in which its pavement does not comply with the following specifications— 

44 then, and in any of such events, the Company shall pave or repave the portion 

45 of any such street or public way, which it is herein required to keep paved, 
4(3 with granite paving blocks having a uniform grain and texture, without 

47 lamination or stratification, and free from an excess of mica or feldspar. 

48 Said blocks shall measure from three and one-half to five and one-half inches 

49 in width, from seven to eleven inches in length (except that shorter stones 

50 may be used to break joints), and not less than five inches in depth. They shall 

51 be so dressed as to have substantially rectangular plane surfaces, so that when 

52 in place the joints at the ends and sides shall average one-fourth inch in 

53 width. Soft or weather-worn stones, obtained from the surface of the quarry, 

54 and stones which wear to a polish under traffic shall not be used. All blocks 

55 shall be laid in uniform courses across the roadway; and the space between the 

56 blocks, when in place, shall in no case be less than one-eighth of an inch nor 

57 more than three-eighths of an inch in width. Each course shall consist of 

58 blocks of the same width. They shall be so laid that all longitudinal joints 

59 shall be broken by a lap of at least three inches. The spaces shall be immedi- 

60 ately filled to within two inches of the top of the blocks with dry gravel free 

61 from loam and dirt, and the blocks rammed to a true surface and firm bed with 

62 a seventy-five pound rammer of approved shape. No cracked or chipped blocks 

63 shall remain in the pavement. After ramming, the spaces between the blocks 

64 shall be completely filled with a paving pitch made by the distillation of 

65 "straight run" coal tar and of such quality and consistency as shall be approved 

66 by the Commissioner of Public Works. The pitch shall be used at a temperature 

67 of not less than two hundred and eighty degrees Fahrenheit and be spread 

68 in such quantity as to apply two gallons to each square yard of pavement. 

69 The spreading shall be done in sections if the Commissioner of Public Works 

70 so directs. 

Provided. That whenever any street or public way, or portion thereof, in 

72 which the Company maintains double tracks, shall hereafter be newly paved 

73 or repaved with asphalt, the Company shall pave or repave with granite 

74 blocks, as aforesaid, the entire space between its outside rails therein and a 

75 strip one foot in width beyond each thereof. 

Third. Whenever any existing pavement of the Company, in any unpaved 

77 street or public way, can no longer be made serviceable by repairs; and when- 

78 ever the Company lays down any track or tracks in an unpaved street or 

79 public way— then, and in either of such events, the Company shall pave or 

80 repave the portion of any such street or public way, which it is required to 

81 keep paved or repaved, as aforesaid, with good serviceable granite blocks. 

Section 11. All passenger cars operated by the Company shall be used for 

2 the carriage of passengers only. All cars hereafter built or purchased shall 

3 be of the best and most approved finish, style and design; shall have center 

4 aisles; shall be without running .foot boards along the sides, and shall be 

5 equipped with sufficient motor capacity. Cross seats facing forward shall be 

6 used; but longitudinal seats, each seating not more than four passengers, may 

7 be used at the ends of the car. All closed cars shall be vestibuled, and shall 



20 



December 4, - 1698 1905 

8 be supplied with a sufficient number of electric bells, connections and buttons 
9. to enable passengers, without inconvenience, to notify the conductor of their 

10 desire to leave the car, and shall also be equipped with the most serviceable 

11 form of fender devices, headlights and sand boxes. Each double truck car 

12 shall be equipped with two sets of brakes, one of which shall be a hand brake 

13 and the other an efficient power brake of modern improved type. Said cars 

14 shall at all times be kept clean and in good repair; they shall be well venti- 

15 lated and lighted. They shall be kept heated to the temperature of fifty de- 

16 grees Fahrenheit, as nearly as possible. Each car shall bear appropriate and 

17 conspicuous signs upon its sides and ends, so placed as to indicate both day 

18 and night its route and destination; at night such signs shall be illuminated. 

19 Every electric car shall be in charge and under the control of two competent 
men, a motorman and a conductor, and shall be operated singly except when 

21 otherwise expressly authorized by the City Council. 

Section 12. The Company is hereby authorized and permitted to operate 

2 funeral cars and separate cars for the use of the United States Post Office De- 

3 partment and for the carriage of parcels and packages; but cars for the carriage 

4 of parcels and packages shall be operated only between the hours of eight 

5 o'clock P. M. and five o'clock A. M., unless otherwise authorized by the City 

6 Council. The City Council hereby expressly reserves the right to regulate the 

7 rates to be charged by the Company for the carriage of parcels and packages. 

All said cars shall be operated in strict accordance with such rules and reg- 

9 ulations as may be from time to time prescribed by the City Council; and they 

10 shall at all times be operated so as not to interfere with or impede the progress 

11 of passenger cars. Passengers shall be permitted to carry parcels and ordinary 

12 hand bags. 

Section 13. If it shall be found practicable to have the streets occupied by 

2 its tracks swept and sprinkled their entire width by the Company, or to 

3 have street sweepings, garbage, or other refuse removed by means of street 

4 cars at night, the Comipany shall perform said service, or so much thereof as 

5 shall prove practicable, when so ordered by the Mayor and Commissioner of 

6 Public Works. It shall receive for such service reasonable compensation, which 

7 in every instance shall be agreed upon in advance of its rendition. If the City 

8 and the Company shall fail or be unable to agree upon the rates of compensa- 

9 tion to be paid for said services, it shall be submitted to arbitrators, each of 

10 the parties hereto selecting an arbitrator and the two so chosen (if they fail to 

11 agree) the third arbitrator. In any such case, if either party fails or refuses 

12 to appoint an arbitrator upon thirty days' written request, or if the two so 

13 appointed fail to agree and for thirty days do not appoint a third arbitrator, 

14 upon ten days' notice to the other either party may apply to the person who 

15 shall then be acting as Chief Justice of the Circuit Court of Cook County. Illi- 

16 nois, to appoint a disinterested person as one of such arbitrators. Upon such 

17 applications, the said Chief Justice is hereby empowered to make such appoint- 

18 ments. The finding of the arbitrators, or a majority of them, shall be final 

19 and conclusive, and the Company shall thereupon be bound to render the 

20 service at the rate so named. Provided, that either the City or Company shall 

21 have the right to resubmit the question of compensation for any such service 

22 at the end of each two years during the term hereof. 

In case the Company is called upon to remove street sweepings and other 

24 refuse, the City shall furnish suitable and convenient dumping grounds and 

25 permit the connection of the Company's tracks therewith. The Company shall 



December 4, 1699 1905 

26 



also have the right to carry on suitable cars snow and ice required by this 

27 ordinance to be removed by it; also materials for its own use or for the use 

28 of the City, and to connect its tracks and wires with property necessary to be 

29 used for such purposes. 

Section 14. All vehicles on the tracks of the Company shall be required by 

2 ordinance of the City, with appropriate penalties, to turn out so as not to 

3 impede its cars. 

Section 15. The Company shall issue passes, or free tickets, to city de- 

2 tectives presenting written requests therefor, signed by the Chief of Police of 

3 the City. Policemen and firemen in full uniform shall be permitted to ride 

4 free. 

Section 16. The Company shall remove all tracks now owned by it and which 

2 it is not expressly authorized by this ordinance hereafter to maintain and oper-. 

3 ate. If it shall hereafter cease to operate over any of its tracks, or any por- 

4 tion thereof, it shall remove such unused tracks upon the order of the City 

5 Council. Failure to operate cars for the carriage of passengers at least once 

6 each way within every hour of each day, between the hours of six A. M. and 

7 eight P. M., over any part of a street or public place in which tracks of the 

8 Company are then laid, shall be treated as a cessation of operation of such part 

9 of its tracks within the meaning of this section, unless such operation is inter- 

10 fered with by unavoidable accidents, labor strikes, or litigation brought without 

11 connivance of the Company. Provided, however, that the foregoing provision 

12 shall not be construed to require the removal of curves and connecting tracks 

13 constructed and maintained for emergency use in case of fire or accident, or 

14 such tracks as may be necessary for a connection with the Company's prop- 

15 erty used for street railway purposes. 

In every case of removal of tracks, as aforesaid, the Company shall restore 

17 the street or public way to the condition of the other portions thereof, all at 

18 its own expense. If the Company shall fail within a reasonable time to remove 

19 any such tracks on order of the Commissioner of Public Works, the City may 

20 remove them, charging the" expense thereof to the Company. Provided, that 

21 nothing in this section contained shall relieve the Company from its obligation 

22 to render adequate service on its lines. 

23 All permits issued for the removal of buildings on or across any track of 

24 the Company shall provide that the Company be notified at least two days m 

25 advance of such removal; that such removal shall only take place, unless with 

26 the consent of the Company, between the hours of twelve o'clock midnight and 

27 and five o'clock A. M.; and that the party to whom the permit is issued shall 
•-^S pay to the Company the actual cost of removing and replacing its overhead 

29 equipment, and for the interruption of its trafiic from five A. M. to twelve 

30 o'clock midnight, if such interruption shall occur. 

Section 17. The Company, except as to chartered cars to private parties 

2 and as hereinafter provided, shall be entitled to charge passengers, during the 

3 term of this ordinance, the following rates of fare, to-wit : 

For a continuous trip in one general direction * within the present or future 

5 limits of the City over its street railways covered by this ordinance, and all 

6 extensions thereof, (whether owned, leased, or operated by it), the sum of five 

7 cents for each passenger over twelve years of age, and three cents for each 

8 passenger over seven and less than twelve years of age. Children under seven 

9 years of age, accompanied by a parent or guardian, shall be permitted to ride 



December 4, 1700 1905 

10 free. Every such passenger may demand and shall receive from the conductor 

11 of the car upon which he first takes passage, or from some other authorized 

12 agent of the Company, a transfer. Said transfer shall entitle such passenger to 

13 ride upon any other line of street railway owned, leased, or operated by the 

14 Company, which connects with, crosses, intersects, or comes within a distance 

15 of two hundred feet of the line upon which the passenger first took passage 

16 and paid his fare, except that east of Clinton street no transfers shall be 

17 accepted; but the payment of a single fare shall not entitle a passenger to 

18 reverse his general direction of travel. If necessary to enable a passenger to 

19 reach his destination, the conductor or other authorized agent of 
IQi^the Company shall issue a transfer upon a transfer the same as 

20 required by the payment of a cash fare without additional charge; 

21 the intention being that for a single fare the Company shall carry any passen- 

22 ger for a single continuous ride over any of the lines of street railway owned, 

23 operated or leased by it within the present or future limits of the City, so 

24 long as such ride is in the same general direction, although some of the lines 

25 necessary to be used by such passenger in arriving at his destination intersect 

26 or cross one another, but the Company shall not be obliged to give a transfer 

27 to any passenger who can reach his destination by using a through car. In 

28 each instance, the transfer given to a passenger may designate the point or 

29 place of transfer, and the same must be used at such point or place within a 

30 reasonable time, not exceeding thirty minutes, after such point or place is 

31 reached by the car from which the passenger is transferred. A passenger upon 

32 any car unreasonably delayed through the fault, negligence or inability of the 

33 Company shall be entitled to receive a transfer to a car upon the nearest line 

34 of the Company going in the same general direction as the delayed car. 

Section 18. The Company shall accept and honor as fares transfers issued 

2 by any other corporation to passengers upon any line of street railway now 

3 operated by the Receivers of the Chicago Union Traction Company, the Chicago 

4 Consolidated Traction Company or by The Chicago City Railway Company 

5 and w^hich connects with any of said lines of the Company, under the same 

6 conditions and with like effect as though both lines of street railway were 

7 owned by the Company and the transfers were issued under the provisions of 

8 Section 17 of this ordinance, upon condition that the corporation issuing such 

9 transfers will accept and honor at such transfer points upon its street railway 

10 lines transfers issued by the Company to its passengers; but this privilege shall 

11 not apply to any connecting points east of Clinton street. The said proposed 

12 arrangement contemplates that, in every instance, the street railway company 

13 accepting any such transfer shall give to the passenger presenting it the same 

14 accommodations and the same transfers, if requested, to its other line or lines 
15. as such passenger would be entitled to receive if he had paid a cash fare. 

The City Council will, by ordinance with appropriate penalties, provide against 

17 the abuse of street railway transfer privileges by sale, barter, gift, or otherwise. 

The street railway companies interested, acting in conjunction or separately, 

19 may from time -to time adopt reasonable rules and regulations, not incon- 

20 sistent with the provisions of this ordinance, for the transfer of passengers 

21 as provided for herein and for the prevention of the fraudulent use of transfer 

22 privileges. 

Section 19, The Company will co-operate with the corporation operating the 

2 street railway in Halsted street from O'Neil street south, to operate a through 

3 line of cars in said Halsted street. Whenever the City shall so direct and shall 



1701 1905 

December 4, ^'^^ 

4 grant to the Company, or to the corporation operating a street railway south- 

5 wards in Western avenue, a license or franchise to connect their lines m said 

6 avenue the Company shall co-operate with such other- corporation to operate 

7 a through line of cars in said avenue; also whenever the City shall grant to 

8 the Company, or to the corporation operating a street railway southwards m 

9 Kedzie avenue, a license or franchise to connect their lines in said avenue, the 

10 Company shall co-operate with such other corporation to operate a through 

11 line of cars in said avenue; and also whenever the City shall grant to the 

12 Company, or to the corporation operating a street railway southwards m 

13 Ashland avenue, a license or franchise to connect their lines in said avenue 

14 the Company shall co-operate with such other corporation to operate a through 

15 line of cars ^ in said avenue; and said corporations shall thereafter operate and 

16 maintain said through lines of cars in the said street and avenues. Prov^ded, 

17 that the Company shall only be required to operate said through lines across 



18 or over any river, canal or channel when the City, or any third party, 

19 provide a bridge across the same upon which it may operate its cars. 

The Company will co-operate with any corporation or corporations operating 
21 the street railway lines now controlled by The Chicago City Railway Com- 
92 pany and also with any corporation or corporations operating the street rail- 

23 way* lines of the North Chicago Street Railroad Company, now operated by the 

24 Receivers of the Chicago Union Traction Company, in establishing and mam- . 

25 taining through lines of cars over the street railway lines of the Company | 

26 and the street railway lines of the said corporations which shall carry passen- | 

27 gers from the west division of the City to the other two divisions of the City 

28 through the business district east of Clinton street for a single fare. As 

29 many cars shall be operated upon said through lines as the traffic shall 

30 warrant. 

The parties have agreed upon certain through routes which are particularly 

32 described in "Exhibit C," attached hereto and made a part hereof. If the City 

33 secures the co-operation of the corporation or corporations operating the street 

34 railways now operated by the Receivers oi the Chicago Union Traction Company, 

35 the Chicago Consolidated Traction Company, and The Chicago City Railway 

36 Company, or any of them, the Company shall in co-operation with said corpora- 

37 tion or corporations maintain and operate said through routes, respectively, 

38 if and so long as the traffic warrants as to each of them. If the companies, or 

39 any of them, operating said through routes, shall at any time wish to discon- 

40 tinue any of them, or if the City shall order additions made thereto, the tes. 

41 of the reasonableness of any such discontinuance or addition shall be whether 

42 the traffic warrants it. If the parties shall differ and fail to agree touching 

43 any such discontinuance or addition, such matter of difference shall be re- 

44 ferred to a board to be composed of the engineer of the City and an engineer 

45 appointed by the operating companies (and, if they fail to agree, a dismter- 

46 ested engineer selected by said engineers). In any such case, if the engineer 

47 of either party fails or refuses to act upon thirty days' written request, or it 

48 they fail to agree and for thirty days do not select such .third engineer, upon 

49 ten days' notice to the other either party may apply to the person who shaJ 

50 then be acting as Chief Justice of the Circuit Court of Cook County Illinois, 

51 to appoint a disinterested engineer to act on said board. Upon such appliea- 

52 tions, the said Chief Justice is hereby empowered to make appointments to 

53 said board. The decision by a majority of said board in writing shall be 

54 binding upon the parties. Its expenses shall be equally borne by the parties. 



December 4, 1702 



1905 



And to cany out the establisbment of the through lines provided for in this 

56 section, the Company will enter into a reasonable operating agreement with 

57 such other corporation or corporations whenever required by the City. Upon the 

58 establishment of through lines the transfer of p'assengers at the points of con- 

59 nection of the tracks of the two companies upon such streets may be dis- 

60 continued. 

Passengers upon such through cars, while traveling over the tracks of each 

62 Company, shall be entitled to the same facilities as to transfers as such Com- 

63 pany shall be required to give to its own passengers paying cash fares. 

64 The provisions of this ordinance are intended to define and determine the 

65 rights of passengers with reference to transfers between the respective systems 

66 of street railways of the Company, Tbe Chicago City Railway Company, the 

67 Chicajgo West Division Railway Company, the Chicago Passenger Railway Com- 

68 pany, the North Chicago City Railway Company, the North Chicago Street 

69 Railroad Company, the Chicago Union Traction Company and the Chicago 

70 Consolidated Traction Company, and such rights shall be in no wise enlarged 

71 by reason of the street railway system herein described being operated by 

72 any lessee which is also the lessee of some other corporation or corporations, 

73 or by the provisions of any prior ordinance of tbe City. 

Section 20. The Company, by the acceptance of this ordinance, agrees that 

2 it will establish and maintain transfer points at all points of intersection 

3 between its street railway lines and the Twenty-second street line of the Chi- 

4 cago General Railway Company in Twenty-second street; to the end that a 

5 passenger may make a continuous trip in one general direction over the street 

6 railway lines of the Company and of s^aid Chicago General Railway Company, 

7 upon the payment of a single fare of five cents, by the use of transfers at said 

8 points and transfers upon such transfers if required to reach his destination; 
upon condition that, and so long as, the Company shall be given the right of 
joint user of such of the tracks of the Chicago General Railway Company as 

11 may be necessary for the maintenance by the Company of the through routes 

12 that have been or may be required by the City Council (except that the part 

13 of the Twenty-second street line of the Chicago General Railway Company 

14 in Twenty-second street west of Halsted street shall not be used, in whole or 

15 in part, for any such through route), with the right in the Company to make, 

16 at its own expense, such changes and additions to the trackage and existing 

17 overhead trolley construction and feeder system of said Chicago General Rail- 

18 way Company used for such through routes, as will enable the Company satis- 

19 factorily to operate such through routes, it supplying the powder for the nec- 

20 essary propulsion of its cars while operating at its own expense over such 

21 trackage, upon the payment of rental therefor to be determined upon the 

22 basis established by the leases of July 5, 1897, and September 18, 1897, be- 

23 between The Chicago City Railway Company and the said Chicago General Rail- 

24 way Company for the rental of certain of the tracks of the latter by the former ; 

25 and upon the further condition that the Company shall receive three-fifths of 

26 the cash fares paid by all passengers receiving and using transfers under the' 

27 provisions of this section. It is understood that, as part of the arrangement 

28 between said corporations for the exchange of such transfers, the giving and 

29 receiving thereof by said Chicago General Railway Company in exchange with 

30 the Company shall not operate to bind said Chicago General Raihvay Com- 

31 pany to consent to the establishment of any through route over any part of its 

32 lines in addition to those specifically provided for in this ordinance. 



10 



December 4, 



1703 1905 



Nothing herein contained shall prejudice the claim of the Company that it is 

34 entitled to a. user jointly with said Chicago General Railway Company of a 

35 part of Ashland avenue free of expense to the Company, or be taken to limit 

36 the right of the Company or its assigns to claim and insist that the supposed 

37 agreement of July 29, 1897, between the Company and the said Chicago Gen- 

38 eral Railway Company, was and is without consideration, and that the Com- 

39 pany is still entitled to own and possess the lines of railway in said agreement 

40 described. Nothing in this section contained shall operate to enlarge or ex- 

41 tend the rights of said Chicago General Railway Company under its existing 

42 ordinances. 

Section 21. This ordinance, and the rights and privileges hereby conferred 

2 upon the Company, are upon the further express condition that the Company 

3 shall (and by the acceptance hereof it agrees and obligates itself to) pay into 

4 the treasury of the City on the fifteenth day of January next ensuing after the 

5 taking effect of this ordinance, and thereafter yearly, on or before January 

6 15th, "so long as it shall receive and enjoy the rights and privileges by this 

7 ordinance conferred upon the Company, the percentages of the gross receipts, 

8 of every kind and character, however or by whomsoever derived from the 

9 operation of its street railway system during the preceding year, including re- 

10 ceipts from all privileges exercised under this ordinance or other authority 

11 from the City, hereinafter specified, to wit: For each of the first three years, 

12 four and eight-hundredths per cent.; for each of the next two years, six an(Z 

13 eight-hundredths per cent.; for each of the next ten years, eight and eight-hun- 

14 di^edths per sent. ; for each of the remaining years of this grant, eleven and eight 
141/0 hundredths per cent. Provided, however, that all City license fees, if any, eharge- 

15 ^able against or collected from the Company or its employes, and all franchise 

16 taxes, including so-called taxes on capital stock chargeable against or collected 

17 from the Company, its lessors and lessee, in any year, shall be deducted from 

18 the amount payable to the City as aforesaid for such year on the 15th day of 

19 Januarv following; it being understood and agreed that the amount produced 
by said percentages, respectively, shall be the total aggregate amount payable 
by the Company, its lessors and lessees, in each year by way of license fees, 
franchise taxes,' and all other charges and taxes, except the regular taxes 

.. levied and assessed upon the tangible property of the Company, its lessors and 

24 lessees. Provided, however, that the City reserves that right to, and it may at 

25 any time, commute the above mentioned percentages of said gross receipts, or 

26 any part thereof, into a reduction of the rates of fare herein prescribed; but 

27 in any event the Company shall continue throughout the term of this grant to 

28 pay into the city treasury any balance of such percentages, respectively, of 

29 said gross receipts not so commuted. 

Section 22. The Company shall forever indemnify and save harmless the 

2 City against and from all damages, judgments, decrees, costs, and expenses 

3 which the City may suffer, or which may be recoverable from or obtained 

4 against the Citv, for or by reason of the granting of the privileges hereby 

5 conferred upon the Company, or for or by reason of or growing out of or re- 

6 suiting from the exercise by the Company of the privileges hereby granted, or 

7 any of them, or from any act or acts of the Company, its servants, or agents 

8 under or by virtue of the provisions of this ordinance. 

And the Company shall, within the time limited for the acceptance of this 

10 ordinance, file with the City Clerk its bond to the City of Chicago, in the 

11 penal sum of Two Hundred and Fifty Thousand Dollars, conditioned that it 



December 4, 1704 1905 

12 will forever indemnify and save harmless the City, as aforesaid. Provided, 

13 however, that the giving of said bond or the recovery of a judgment or judg- 

14 ments thereon by the City shall not be construed as measuring or limiting the 

15 liability of the Company to the City under any provisions of this ordinance. 

Section 23. The Company, on or before the 28th day of February in each 

2 year during this grant, shall file with the City Comptroller a report covering its 

3 gross receipts from operation for the year ending on the preceding 31st day of 

4 December; which report shall be in accordance with such forms and in such 

5 detail as from time to time shall be agreed upon by the City Comptroller and 

6 the Company. The Comptroller shall have the right, at all times, to verify 

7 such reports by examination of the books of the Company, either himself or 

8 by other persons appointed by him. He shall also have the right at any 

9 time during the year in which an appraisement shall be had of the value of its 

10 property under any of the provisions of this ordinance to make an exami- 

11 nation of the books of the Company, which examination may be made through 

12 persons appointed or employed by him. 

Section 24. The Company, by the acceptance of this ordinance, expressly 

2 agrees with the City and obligates itself fully to comply with all of its terms 

3 and conditions throughout the period of time covered hereby. It further agrees 

4 with the City that in the event it, its said lessee or assigns or its or their suc- 

5 cessor or successors, shall make default in the due observance or performance 

6 of any of the agreements or conditions herein required to be kept and per- 

7 formed by it, and if any such default shall continue for a period of six \J\ 

8 months (exclusive of all time during which it may be delayed or interfered 

9 with by unavoidable accidents, labor strikes, or the orders or judgments of 

10 any court of competent jurisdiction entered in any suit brought without its 

11 connivance) after written notice thereof to it from the City, then and in each 

12 and every such 'case the City, by its City Council, shall be entitled to declare 

13 this grant and all of the rights and privileges of the Company to maintain 

14 and operate a street railway in any of the streets or public ways of the City 

15 to be forfeited and at an end. No such forfeiture shall operate to revive any 

16 of the rights or claims of the Company under and by virtue of any legislative 

17 act or acts which are surrendered and released by the Company by the terms 

18 of Section 31 hereof. Provided, however, that should the Company, for the 

19 purpose of securing funds for necessary improvements and betterments to its 

20 tangible property or extensions of its lines, pledge or mortgage its street rail- 

21 way property, or any of the rights secured to it by this ordinance as security 

22 for the payment of its notes, bonds or other evidences of indebtedness matur- 

23 ing prior to the expiration of this ordinance and default thereon, such forfeiture 

24 of this grant from any violation by the Company of the provisions of this ordi- 

25 nance shall not prevent the pledgee or pledgees, mortgagee or mortgagees, from 

26 recovering by foreclosure or other legal process against all the tangible prop- 

27 erty of the Company funds so advanced. And, Provided, that any such notice 

28 of default by the Company shall also be given by the City to the trustee or 

29 mortgagee of record in any trust deed or mortgage securing such indebt- 

30 edness. 

Section 25. The City expressly reserves the right to intervene in any suit 

2 or proceeding brought by any person or corporation seeking to enjoin, re- 

3 strain, or in any manner interfere with the Company in the doing of any work, 

4 called for by this ordinance, or in the observance or performance of any of the 

5 agreements or conditions herein provided to be kept or performed by the 



Illlllll 

ESSH 



December 4, 1705 1905 

6 Company, or in any foreclosure suit against it, and to move for a dissolution 

7 of such injunction or restraining order in such suit, in case it shall deem such 

8 suit collusive or instituted with the connivance of the Company for the purpose 

9 of delay. 

Section 26. The Company shall, upon the order of the City Council of the 

2 City, extend its street car system in any street or public way in which lawful 

3 authority so to do shall be conferred upon it by a. valid ordinance of the City. 

4 The Company shall, within a reasonable time after the passage of such ordi- 

5 nance, construct such new street car tracks and appurtenances, and shall oper- 

6 ate the same as a part of its system in conformity with the provisions of 

7 this ordinance. Provided, that the Company shall not be obligated hereby 

8 to construct and operate any new street railway tracks in any street or public 

9 way nearer any existing parallel street railway tracks than one-half mile; 

10 nor unless, at the date of the passage of said ordinance, there shall be an av-. 

11 erage of at least one hundred and fifty families residing in each mile, within 

12 one-fourth of 'a mile of the street or public way, or portion thereof, upon 

13 which said new tracks are to be constructed, or at the same ratio for any 

14 shorter distance than one mile. And, Provided, that the Company shall not be 

15 obligated hereby to construct more than three miles of double track railway, 

16 or six miles of single track railway, in any one calendar year during the term 

17 of this grant. During the period of reconstruction, within the last one year 

18 of said term, or after the City has given notice of intention to purchase, as 

19 hereinafter provided, the Company shall not be obligated to construct any 

20 such extension. Also, Provided, that the new lines required by this' ordinance 

21 shall be built within the period of reconstruction aforesaid if licenses or fran- 

22 chises be granted therefor. Each of said lines shall be completed within one 

23 year after the ordinance therefor is passed, unless a 'different period be fixed 

24 in the ordinance. In no event shall such lines be considered in estimating the 

25 new track construction which may be required under this section. 

Section 27. The Company during the term covered by this ordinance shall 
2 not remove its principal office beyond the limits of the City. 

The Company shall not pledge or mortgage its street railway property, or 

4 any of the rights secured to it by this ordinance, as security for the payment 

5 of its notes, bonds, or other evidences of indebtedness maturing at a later day 

6 than twenty years from the passage of this ordinance; the intention being that 

7 at the expiration of the term of this ordinance the Company shall be in a posi- 

8 tion to convey to the City, or to the licensee of the City, all of its street rail- 

9 way property free and clear of liens and incumbrances of any kind or character 

10 whatsoever, subject only to the provisions of Section 29 hereof in respect to 

11 existing indebtedness. 

Section 28. The Company, by the acceptance of this ordinance, shall grant 

2 to the City, and the said Chicago West Division Railway Company, the said 

3 Chicago Passenger Railway Company, the said West Chicago Street Railroad 

4 Tunnel Company, the said Chicago Union Traction Company, the Receivers of 

5 the said Chicago Union Traction Company and the Receivers of the West Chi- 

6 cago Street Railroad Company, by their acceptances hereof, shall each grant 

7 to the City, and the City hereby reserves to itself the right, at such time as 

8 the City may elect after the expiration of ten years from the date of the 

9 passage of this ordinance, to purchase for municipal operation only, during the 

10 unexpired portion of the term of the twenty years' grant given by this ordi- 

11 nance, all and every the property, real and personal, then comprising the 



December 4, 1706 ' 1905 

12 going street railway of said corporations within the City reasonably required 

13 for its operation (including street paving done by them under requirements of 

14 city ordinances), the price to be paid therefor to be the then fair cash value of 

15 said real and personal property (exclusive of earning power and any franchise 

16 value) for continuous use in the City for street railway purposes, plus the 

17 then fair cash value of all the then unexpired rights of said corporations and 

18 every of them in the streets of the City existing at and prior to the date of 

19 the passage of this ordinance. The City, in the event that it shall elect to pur- 

20 chase the property of said corporations as aforesaid, shall give the Company a 

21 written notice of its intention to make such purchase at least one year (and 

22 not more than two years) prior to the time the purchase is to be made. The 

23 purchase price of said property shall be determined by appraisement, as fol- 

24 lovrs One appraiser shall be appointed by the City in such manner as the City 

25 Council shall direct, one shall be appointed by the Company, and a third shall 

26 be appointed by the tw^o so selected. Either party may appoint its appraiser 

27 at any time after the giving of such notice of intention and serve written 

28 notice of such appointment upon the other party. And such other party within 

29 thirty days of notice of such appointment shall appoint its appraiser and serve 

30 written notice of such appointment upon the other party; whereupon the two 

31 appraisers so appointed shall appoint a third appraiser, who shall not be a 

32 resident of Illinois. In the event that the party first receiving notice of the 

33 selection of an appraiser by the other shall fail to appoint an appraiser and 

34 give notice thereof, as above provided, or in the event that the two appraisers 

35 first appointed shall fail to agree upon the third appraiser within thirty days 

36 after notice of the appointment of the second appraiser, either party, upon giv- 

37 ing a written notice of ten days to the other party, may apply to the persons, 

38 who shall then be the Chief Justice of the Supreme Court of Illinois, and two 

39 judges (not residents of Illinois) of the Circuit Court of the United States for 

40 the circuit of which the Northern Ditrict of Illinois shall be a part, for the 

41 appointment of an appraiser (such persons being and they are hereby empowered 

42 on such applications to make such appointments of appraisers hereunder), 

43 and any appraiser appointed by them or any two of them, the other, if any, 

44 having due notice, refusing or failing to act, shall have the same powers and 

45 duties as if regularly appointed as above provided. Such third appraiser shall 

46 not be a resident of the State of Illinois. 

The appraisers shall determine what tangible properties, real and personal, 

48 owned by said corporations and then used as a part of or in connection with the 

49 street railway system to be appraised, are reasonably required for its continued 

50 operation; and, in determining the fair cash value of said property, they shall 

51 not take into consideration its earning power or the value of any ' franchise or 

52 license, but only its fair value for street railway purposes. They shall also 

53 determine the fair cash value of all then unexpired franchises, licenses and 

54 rights of said corporations in the streets of the City existing at and prior to 

55 the date of the passage of this ordinance (and which franchises, licenses and 

56 rights shall, for the purpose of such valuation, be treated and considered as 

57 being wholly unaffected by any of the provisions of this or any subsequent 

58 ordinance or anything done thereunder, unless otherwise expressly agreed), 

59 but shall not take into account any franchise or rights in the streets of the 

60 City acquired under the provisions of this ordinance or any subsequent ordi- 

61 nance passed by the City. The two amounts so ascertained shall be added 

62 together and the sum or amount thus found shall be the purchase price to be 

63 paid to the said corporations upon the purchase of said property by the City 



December 4, 1707 1905 

64 under this section of this ordinance. An award in writing signed by a majority 

65 of the appraisers shall be valid and binding on the parties. Each party shall 

66 pay its own expenses of such appraisement and one-half the compensation and 

67 expenses of the third appraiser. Provided, that 4f the City shall fail to pay or 

68 deposit the appraised price, as hereinafter specified, within fifteen months after 

69 the announcement of the appraisement by the appraisers in writing, said ap- 

70 praisement shall become and be null and void and of no effect. 

If the City shall not purchase the said property under the said appraisement, 

72 it shall have the right, at any time after the expiration of three years from 

73 the date of its election not to purchase said property under said first ap- 

74 praisement, to cause a second appraisement of said property to be made in like 

75 manner as is above provided for the making of said first appraisement, and to 

76 purchase said property at said second appraised price within fifteen months 

77 after the same shall have been fixed as aforesaid and if the City shall elect not 

78 to purchase said property at said second appraised price, it shall have the 

79 right, at any time after the expiration of three years from its election not to 

80 purchase the property of the Company under said second appraisement, to 

81 cause a third appraisement of said property to be made in like manner, and 

82 to purchase said property at the price fixed by said third appraisement within 

83 fifteen months after the same shall have been fixed as aforesaid. 

The procedure in determining the property to be taken and the price to 

85 be paid therefor shall be the same in each case as is herein provided in regarc/ 

86 to the first appraisal. 

The City shall pay to" the Company, upon demand, the whole of its costs and 

88 expenses arising or growing out of the making of any appraisement under 

89 which the City shall fail to purchase said property within fifteen months after 

90 such appraisement shall have been made, including all attorneys' fees paid by 

91 it in connection therewith. 

The City on payment of the appraised price, in the manner in Section 29 

93 herein provided, at any time within fifteen months after the said appraised 

94 price shall have been finally ascertained and determined as aforesaid, shall be 

94 entitled to the immediate possession and control of said appraised property; 

95 and all and every the rights and privileges of the said corporations and every 

96 of them of every kind and nature in the streets and public places of the City 

97 in and to said appraised property shall thereupon absoiutely cease and be at 

98 an end; and the aforesaid corporations and each of them shall thereupon convey 

99 to the City all of said property included in said appraisement by good and 

100 sufficient instruments in writing. 

The right of the City to purchase said property under the provisions of this 

102 section is expressly limited to the right to acquire the same for the purposes 

103 of operation by the City for its own benefit during the unexpired portion of the 

104 term of the twenty year grant given by this ordinance; and it is expressly 

105 understood and agreed that the City shall not have the right under this section 

106 to acquire the street railways or other property of said corporations for the 

107 purpose of leasing the same or permitting the same to be operated otherwise 

108 than by the City during the unexpired portion of said grant af twenty years. 

Section 29. The Company, by the acceptance of this ordinance, shall grant 

2 to the City, and the said Chicago West Division Railway Company, the said 

3 Chicago Passenger Railway Company, the said West Chicago Street Railroad 

4 Tunnel Company, the said Chicago Union Traction Company, the Receivers of 

5 the said Chicago Union Traction Company and the Receivers of the Company, 



December 4, 1708 ' 1905 

G by their acceptances hereof^ shall each grant to the City, and tlie City hereby 

7 reserves to itself, and to any person, firm or corporation designated by it (here- 

8 inafter for brevity referred to as the "licensee" of the City), the right, at the 

9 expiration of the grant made by this ordinance, to purchase all and every the 

10 property, real and personal, then comprising the going street railway system 

11 of said corporations within the City and reasonably required for its operation, 

12 including all property, real and personal, of the Chicago West Division Rail- 

13 way Company, the Chicago Passenger Railway Company, the West Chicago 

14 Street Railroad Tunnel Company and the Chicago Union Traction Company 

15 (including, also, street paving done by them under requirements of city ordi- 

16 nances) at its then fair cash value (exclusive of earning power and any francmse 

17 value) for continued use in the City for street railway purposes. 

The City, in the event that it shall desire to purchase or cause its licensee to 

19 purchase the property of the companies as aforesaid, shall give the Company 

20 a written notice of its intention to make, or cause its licensee to make, such 

21 purchase at least one year (and not more than two years) .prior to the ex- 

22 piration of the grant hereby made. The purchase price of said property shall* 

23 be determined by appraisement, made by appraisers selected in the same way as 

24 is provided for the selection of appraisers in Section 28 of this ordinance. The 

25 appraisers shall determine what tangible properties, real and personal, are then 

26 used as a part of or in connection with the street railv/ay system to be ap- 

27 praised, and in determining the fair cash value of said property they shall 

28 not taken into consideration its earning power or the value of any franchise 

29 or license, but shall allow for the property its fair cash value for street railway 

30 purposes. An award in writing signed by a majority of the appraisers shall 

31 be valid and binding on all the aforesaid parties. 

The purchase price so ascertained shall be deposited by the City, or its 

32 licensee, in some responsible bank or trust company in the City of Chicago, 

33 to be named by the Company (or by the City, if the Company shall on re- 

34 quest fail or neglect to name such bank or trust company), in trust for the 

35 benefit of the aforesaid companies and their respective mortgagees, as their 

36 respective interests may appear. Provided, however, that the City may deduct 

37 from such purchase price the then face amount of any and all indebtedness 

38 secured by mortgage upon any or all of the property so appraised, and, in 

39 that case, shall take said property subject to such mortgage indebtedness, 

40 And to the end that there may be no question but that the value of the tangible 

41 property of said corporations, at the end of said term of twenty years, shall be 

42 more than sufficient to discharge all of said mortgages, they, during the term 

43 of this grant, shall provide and maintain a sinking fund sufficient in amount 

44 to discharge, at or prior to the expiration of said term of t^venty years, all 

45 bonds or mortgages that may be given to secure funds for existing indebted- 

46 ness or the necessary im.provements and betterments to their tangible property 

47 or extensions to their lines, provided for by this ordinance, so that, without 

48 any increase of the present mortgage indebtedness of said corporations, at the 

49 end of said term of twenty years there shall be added to their present tangible 

50 property all the improvements, betterments and extensions provided for in this 

51 ordinance, or in "Exhibit B" attached hereto. 

The giving of notice by the City of its intention to purchase (or cause to be 

54 purchased) the property of the aforesaid corporations as aforesaid shall con- 

55 stitute and operate as a contract obligating the City either: (a) To purchase 

56 the street railway system so to be appraised at the price fixed by the apprais- 



December 4, 



1709 1905 



57 meut; or (b) to require the licensee or grantee in any ordinance of the City . 

58 authorizing the operation of a street railway in the streets or parts of streets- 

59 occupied by the street railway system of the said corporations to purchase the 

60 street railway system so to be appraised at the price fixed by the appraisement; 

61 and by said contract the aforesaid corporations shall be obligated to convey, 

62 by good and sufficient instruments in writing, to the City or to its licensee, all 

63 said property when appraised and paid for by the deposit of the appraised price 

64 as hereinabove in this section provided. The purchaser, on deposit 
64V20f the appraised price aforesaid, upon the conditions aforesaid, 

65 shall be entitled to the immediate possession and control of said ap- 
6Q praised property; and all and every the rights and privileges of the afore- 

67 said corporations and each of them of every kind and nature in the streets 

68 and public places of the City, and in and to said appraised property, shall 

69 thereupon absolutely cease and be at an end; and the aforesaid corporations and 

70 each of them shall thereupon make the conveyances aforesaid. 

Section . 30. The City, realizing that the need of uninterrupted street rail- 

2 way service in the streets and parts of streets occupied by said corporations 

3 will continue after the termination of this grant, and that their said street 

4 railway system ought to be used to render such service, intends by this ordi- 

5 nance to create conditions which at the expiration of said term of twenty years 

6 will secure to the City (in addition to its right to make to the Company another 

7 grant for such time and upon such terms as may then be agreed upon by the 

8 parties) the right and opportunity: 

(a) To purchase the said street railway system; or 

(b) To cause its licensee to purchase said street railway system. 

The City, in the event that it shall not exercise its said reserved right to 

12 purchase and take over the said street railway system at the expiration of the 

13 term hereby granted, and shall grant to any other person, firm or corporation 

14 the right or license to operate a street railway in the streets or parts of streets 

15 then occupied by the Company under this ordinance, agrees to provide and re- 

16 quire, in any ordinance granting such right or license to such other persons 

17 firm 'or corporation, that said licensee shall purchase and take over the said 

18 street railway system upon the same terms that the City might then liave pur- 

19 chased and taken it over under the terms of this ordinance. 

If the City shall neither exercise its said reserved right to purchase the 

21 said street railway system nor cause its licensee to exercise such right of pur- 

22 chase, but shall make a new grant to the Company upon terms then to be 

23 agreed upon, in considering such new grant the then fair cash value of the 

24 trno-ible property comprising the said street railway system (exclusive of any 

25 earning power or franchise value) shall be taken as the value of the then 

26 investment of the aforesaid corporations, regardless of the face or market value 

27 of their stocks, bonds or other forms of capitalization. 

Section 31. The West Chicago Street Railroad Company, the Chicago 

2 West Division Railway Company, the Chicago Passenger Railway Company, the 

3 West Chicago Street Railroad Tunnel Company, the Chicago Union Traction 

4 Company, the Receivers of said Chicago Union Traction Company and the Re- 

5 ceivers of said West Chicago Street Railroad Company, in consideration of the 

6 grant made to the Company by this ordinance upon the terms and conditions 

7 in this ordinance expressed, each agrees to waive, surrender and release, and 

8 by the acceptance of this ordinance each of the said parties waives, surrenders 

9 and releases all and every its and their rights and claims of every kind and 



December 4, 1710 1905 

10 nature in the streets of the City under and by virtue of all legisLitive afts 

11 of the State of Illinois and of the City, and particularly under and by virtue 

12 of the Act of the General Assembly of the State of Illinois of February G, 

13 1865, commonly known as the "Ninety-nine Year Act"; to the end that the 

14 grant made to the Company and the right sought to be conferred upon it by 

15 this ordinance, including the right to charge the fares herein provided for dur- 

16 ing the continuance of this grant, and the right to receive the fair cash value 

17 of the tangible property aforesaid in the event of purchase by the City or its 

18 licensee, as aforesaid, shall be held by it in lieu of all grants and rights and 

19 claims of rights of said companies and parties, or either or them, in the streets 

20 of Chicago, from or through whatsoever source the same may have been derived 

21 or held, including all prior ordinances and legislative acts of every kind and 

22 character. Provided, that the waiver and surrender herein by said companies 

23 of their respective rights and claims under the said legislative acts are upon 

24 the express condition and agreement that the Company shall have and enjoy 

25 the rights conferred by this ordinance; and, if the City, prior to the expira- 

26 tion of twenty years from the passage of this ordinance, shall acquire from the 

27 aforesaid corporations their aforesaid railway system by condemnation pro- 

28 'ceedings or appraisement, just compensation for the then value of such street 

29 rights, if any, as the aforesaid corporations, or any of them, acquired under 

30 and by virtue of said prior ordinances and legislative acts, shall be allowed in 

31 said proceedings, or appraisement, precisely as if this waiver and surrender 

32 had not been made. 

Section 32. The Company shall lower the tunnels under the Chicago 

2 River in Washington street and near Van Buren street for their entire widths 

3 to such a depth that the summits of their crowns shall be twenty-six (26) feet 

4 below the base or datum of city levels; such work to be begun immediately upon 

5 the passage of this ordinance, and to be finished in compliance with the Act 

6 of Congress relating thereto, and to be done in accordance with plans and 

7 specifications to be approved by the Commissioner of Public Works; said tun- 

8 nels, when so lowered, to be used for their entire widths for roadways only; 

9 and the Company shall, at its own expense, pave the said tunnels and main- 

10 tain and keep the same paved and in good order, and shall, at like expense, keep 

11 them cl^an, dry and well ventilated. The rails used in the said tunnels shall 

12 be of a kind commonly known as the "T" rail, and they shall be laid subject 

13 to the direction and approval of the Commissioner of Public Works. 

The aforesaid tunnel and its approaches at or near Van Buren street in 

14 case of ^he taking over of the aforesaid railway system by the City, as pro- 

15 vided in Sections 28, 29 and 30 of this ordinance, shall be considered a part 

16 of said railway system and of its tangible property to be appraised as herein- 

17 before provided in said sections; and, to the end that the City may be fully 

18 advised in the premises, the Commissioner of Public Works shall, at all times, 

19 have access to the books of the Company and of the West Chicago Street Rail- 

20 road Tunnel Company for the purpose of ascertaining the exact cost of lowering 

21 the said tunnel and of all expenses attendant thereon. 

The cost of the reconstruction work of the Company in said tunnel a- 

23 Washington street and its approaches being in the nature of a rental for the 

24 use thereof for the term of this ordinance, the Company shall not be entitled 

25 at the expiration of said term to any compensation therefor; but if the City 

26 shall exercise its option, provided for in said Section 28 hereof, to purchase 

27 the property of the Company after ten years and before twenty years from 



December 4, 1711 1905 

28 the passage of this ordinance and shall continue to use said tunnel and its ap- 

29 preaches for street railway purposes, it shall pay such part of the cost of 

30 said reconstruction work as the remainder shall then bear to the whole of 

31 said term of twenty years. 

During the time that said tunnels shall be under reconstruction and repair 

33 the Company shall have permission and authority to operate its cars (now oper- 

34 ated through said tunnels) over and upon the bridges across the South Branch 

35 of the Chicago River, and upon and over its terminals in the south division of 

36 the City, and may operate electrically, as hereinbefore in this ordinance pro- 

37 vided, its cars now operated by cable, and to that end may make such changes 

38 in connections, cross-overs and track arrangement as it shall deem necessary; 

39 subject, however, to the direction and approval of the Commissioner of Public 

40 Works. 

Section 33. The street railway system covered by this grant is now in 

2 the possession and occupancy of the Receivers of the said Chicago Union Trac- 

3 tion Company, the lessee of the Company, and the benefits granted and the 

4 obligations imposed by this ordinance shall inure to and be binding upon the 

5 Company and its lessee and assigns whether present or future, and whether the 

6 rights pass by act of the parties in interest or by operation of law. 

Section 34. The Chicago Consolidated Traction Company by filing its ac- 

2 ceptance of this ordinance within the time limited in the following section here- 

3 of shall agree, and by such acceptance it does agree, in consideration of the 

4 benefits which will accrue to it from this settlement between the City and the 

5 Company of their existing differences, to accept and be bound by all the terms 

6 of this ordinance which in any way affect its interests. It so agrees to co- 

7 operate with the Company and its associates in maintaining through routes 

8 over parts of its lines, as set forth in "Exhibit C" attached hereto, including 

9 such changes in said through routes as may be made under the provisions of 

10 Section 19 hereof. It also, by its said acceptance of this ordinance, shall 

11 agree, and by such acceptance it does agree, to continue during the term of 

12 this ordinance to grant and receive transfers for the transfer of passengers 

13 between its lines and the lines of the Company within the City limits as at 

14 present; to the end that any passenger using its lines and the lines of the 

15 Company may make a continuous trip in the same general direction over said 

16 lines within the present or future limits of the City at any time during the 

17 term of this ordinance upon the payment of a single fare. If the City shall 

18 exercise its right of purchase, after ten years and before twenty years from 

19 the passage of this ordinance, under Section 28 hereof, the said^ Chicago C'on- 

20 solidated Traction Company, by its said acceptance shall agree and by such 

21 acceptance it does agree, thereafter within said period to co-operate Avith the 

22 City in maintaining said through routes and in transferring passengers as 

23 aforesaid between their respective lines. Provided^ that nothing in this ordi- 

24 nance contained shall operate to decrease, enlarge or extend any of the rights 

25 of said Chicago Consolidated Traction Company and its constituent corporations, 

26 respectively, under their existing licenses or franchises. 

Section 35. The enumeration herein of special requirements and specific 

2 regulations shall not be taken or held to imply the relinquishment by the City 

3 of its power to make other requirements or regulations as to matters not 

4 specifically covered by the provisions of this ordinance; and the City hereby ex- 

5 pressly reserves the right' to make all and every such regulations as may be nee- 

6 essary to secure, in the most ample manner, the safety, welfare and accommoda- 



^ 



December 4, 1712 ' 1905 

7 tion of the public, including among other things the right to regulate the laying 

8 down of tracks, the character of I'ails to be used to^ replace worn-out rails 

9 specifically required by this ordinance, the right to pass and enforce ordinances 

10 to protect the public from danger or inconvenience in the management and 

11 operation of street railways throughout the City, and the right to make and 

12 enforce all such regulations as shall be reasonably necessary to secure adequate 

13 and sufficient accommodations for the people and insure their comfort and 

14 convenience. 

The City Council may vest any or all matters of administration under this 

16 ordinance, including such thereof as are herein vested in the Mayor and other 

17 officials named, in a department or bureau of local transportation, in its en- 

18 gineer, or in any other official or employe. 

Section 36. This ordinance shall be binding upon the lessor and lessee, the 

20 successor or successors and the assigns of the Company, and they and each of 

21 them shall be bound by all and every its provisions by the Company to be kept 

22 and performed precisely as if in every case they had, respectively, been named 

23 herein with the Company. 

Section 37. This ordinance shall take effect and be in force from and after 

2 its acceptance by the West Chicago Street Railroad Company, the Chicago 

3 West Division Railway Company, the Chicago Passenger Railway Company, the 

4 West Chicago Street Railroad Tunnel Company, the Chicago Union Traction 

5 Company and the Chicago Consolidated Traction Company, under their re- 

6 spective corporate seals, and by the Receivers of the West Chicago Street Rail- 

7 road Company and the Receivers of the Chicago Union Traction Company, 

8 Provided, that, if the Company shall not file with the City Clerk the penal bond 

9 hereinabove mentioned, and the formal acceptances, as aforesaid, of this ordi- 

10 nance, and of all of its terms and conditions within ninety days from the pas- 

11 sage hereof, together with properly certified copies of resolutions of the re- 

12 spective Board of Directors of said corporations authorizing and empowering^ 

13 said corporations to accept this ordinance and the provisions hereof, and to- 

14 gether with pr'operly certified copies of orders of the United States Circuit 

15 Court for the Northern District of Illinois, whereby said Receivers shall be 

16 authorized, empowered and directed to accept this ordinance and the provisions 

17 hereof, then all rights and privileges hereby granted shall be wholly null and 

18 void and of no effect. 



WEST CHICAGO STREET RAILWAY COMPANY— EXHIBIT A. 
EXHIBIT A. 

SCHEDULE OF STREETS UPON M^HICH SHALL BE MAINTAINED AND OPERATED TRACKS 
NOT EXCEEDING TW^O, EXCEPT WHERE OTHERWISE NOTED. 

Adams street, from State street to Centre avenue. 

Alley first south of Washington boulevard between Western 'avenue and Campbell 
avenue, from Western avenue to the west line of Lot 67, in L. D. Boone's Addi- 
tion, in Sec. 12-39-13. Single track. 

Armitage avenue, from Milwaukee avenue to 44th avenue. 

Ashland avenue, from 31st street to Blue Island avenue. 

Ashland avenue, from Blue Island avenue to 12th street. 

Ashland avenue, from Lake street to Clybourn place. 

Austin avenue, from Desplaines street to Centre avenue. 



December 4, 1713 1905 

Blackliawk street, from Holt street to Noble street. 

Blue Island avenue, from Harrison street to Western avenue. 

Bryan place or Park street, from Randolpli street to Lake street. 

California avenue, from Chicago avenue to Elston avenue. 

Canalport avenue, from Canal street to Halsted street. 

Canal street, from Harrison street to Canalport avenue. 

Centre avenue, from Adams street to 21st street. 

Centre avenue, from Austin avenue to Erie street. 

Chicago avenue, from Milwaukee avenue to Kedzie avenue. 

Chicago avenue, from 40th avenue to 48th avenue. 

Clinton street, from 12th street to Harrison street. Single track. 

Clinton street, from Harrison street to Milwaukee avenue. 

Clybourn place, from Ashland avenue to Wood street. 

Clybourn place, from Ashland avenue to Southport avenue. 

Colorado avenue, from Madison street to 40th avenue. 

Dearborn street, from Adams street to Van Buren street. Single track. 

Desplaines street, from Harrison street to Austin avenue. 

Division street, from Milwaukee avenue to two hundred (200) feet west of Cali- 

fornia avenue. > 

Eighteenth street, from State street to Leavitt street. 
Erie street, from Centre avenue to Ashland avenue. 
Fifth avenue, from 12th street to Randolph street. 
Fortieth avenue, from Grand avenue to North avenue. 
Fortieth avenue, from 22nd street to Ogden avenue. 
Fourteenth street, from Canal street to Robey street. 
Franklin street, from Harrison street to Washington street. 
Franklin street, from Washington street to Lake street. 
Grand avenue, from Halsted street to 40th avenue. 
Halsted street, from the middle of the south branch of the Chicago river to the 

middle of the north branch of the Chicago river. 
Harrison street, from State street to Kedzie avenue. 
Holt street, from Blackhawk street to North avenue. 
Jefferson street, from Madison street to Washington street. 
Jefferson street, from Van Buren street to Meagher street. 
Kedzie avenue, from 12th street to Chicago avenue. 
Lake street, from Wabash avenue to State street. Single track. 
Lake street, from State street to 48th avenue. 
Leavitt street, from Blue Island avenue to 18th street. 
Madison street, from State street to 40th avenue. 
Meagher street, from Canal street to Jefferson street. 
Milwaukee avenue, from Lake street to Belmont avenue. 
Monroe street, from Franklin street to La Salle street. 
Noble street, from Milwaukee avenue to Blackhawk street. 
North avenue, from Milwaukee avenue to 46th avenue. 
North avenue, from 46th avenue to 48th avenue. 
North avenue, from Holt street to Ashland avenue. 
Ogden avenue, from Randolph street to 46th avenue. 
O'Neil street, from Halsted street to barns. Three tracks. 
Paulina street, from 12th street to Lake street. 
Polk street, from 5th avenue to Canal street, including approaches to and on 5th 

avenue. 



December 4, 1714 1905 

Eandolph street, from Michigan avenue to Union Park and Lake street. 
Kobey street, from Blue Island avenue to Elston avenue. 
Sangamon street, from Adams street to Austin avenue. 

State street, from Polk street to Madison street, an additional single track to be 
laid to the west of and parallel to the double track of the Chicago City Railway 
Company on said street between said points. 
State street, from Madison street to Lake street. Double track in the space occupied 

by present west and middle tracks. 
Taylor street, from 5th avenue to Western avenue, including approaches to and on 

5th avenue. 
Twelfth street, from Wabash avenue to 46th avenue. 
Twenty-first street, from Halsted street to Douglas Park boulevard. 
Twenty- second street, from Ogden avenue to 40th avenue. 
Twenty-fifth street, from Leavitt street to Irving avenue. 
Twenty-sixth street, from Western avenue to 40th avenue. 
Van Buren street, from State street to Kedzie avenue. 

Van Buren street tunnel approaches, from Clinton street and from Franklin street to 
connect the tracks on Clinton and Franklin streets with the tracks of the Com- 
pany in said tunnel. 
Washington street, from Michigan avenue to Desplaines street and through Wash- 
ington street tunnel. 
Western avenue, from Blue Island avenue to Elston avenue. 

Necessary and convenient tracks, not less than four, connecting the tracks on 
Lake street and the tracks on Madison street with the car houses, car shops, stables, 
power houses and yards now constructed, or hereafter to be constructed, on Lots 
one (1) and two (2) and Sub-lots twenty-three (23), twenty-four (24) and twenty- 
five ( 25 ) , in Parmley's Sub. of Lot three ( 3 ) of the Superior Court partition of the 
east 30 acres of the west 40 acres of the S., W. y^ of Section eleven (11), of Town- 
ship thirty-nine (39) North, Range thirteen (13) East of the Third Principal 
Meridian. 



EXHIBIT B. 



WEST CHICAGO STREET RAILWAY COMPANY— SPECIFICATIONS FOR RE- 
CONSTRUCTION AND EXTENSIONS. 

IN GENERAL. 

The intention of these specifications is to cover, in a general way, the character 
and scope of the work to be undertaken and carried out by the West Chicago Street 
Railroad Company, in the improvement of its property to such an extent that the 
Company will be able to render to the citizens of Chicago the quality and kind of 
service contemplated by the accompanying ordinance. 

UNDERGROUND CONDUIT c6nSTRUCTI0N. 

All the underground conduit construction provided for in the ordinance herewith 
shall conform to the following general specifications: 

RAILS. 

The rails shall be of steel, shall be not less than nine (9) inches in height, shall 
w-eigh not less than one hundred twenty ( 120 ) pounds per yard, and shall be of the 
"Trilby" type, in which, when new, the difference between height of lip and tread 
shall be not less than three thirty-seconds (3/32) of an inch or more than six thirty- 



Deeen.ber 4, 



1715 1905 



seconds (6/32) of an inch and the depth of the groove below the head of the rail, 
when new, shall not be more than one and one-quarter (I14) inches. 

SLOT RAILS. 

Slot rails shall be of the "Z" form, made of steel, shall weigh not less than fifty- 
seven (57) pounds per yard, and shall be suitably joined by means of bolts and 
splices. 

CONDUCTOR BARS. 

Conductor bars shall be of the "T" section, made of steel, shall weigh not less 
than twenty- one (21) pounds per yard, shall be supported upon suitable insulators 
and to the slot rails by means of suitabe tie bars properly spaced, and in such a 
a manner as to properly carry the electric current without excessive leakage. 

JOINTS. 

All rail joints shall be either cast welded, electrically welded, or of a type which 
will give an equally smooth and even joint. 

CAST IRON YOKES. 

The yokes shall be of cast iron properly spaced not more than five (5) feet center 
to center, and shall weigh not less than four hundred fifty (450) pounds each. 

GENERAL CLAUSE. 

The above rails and yokes shall be supported upon and carried in a concrete road- 
bed of sufficient strength to sustain the surface load, and provided with manholes 
and vaults, properly connected with the city sewers and spaced close enough together 
to effectively drain the conduits carrying the working conductors and the conduits 
carrying the feeder and transmission system. 

The rails shall be joined to the yokes by means of suitable bolts and lock nuts, 
and to the slot rails by means of suitable tie bars properly spaced, and in such 
manner that they will preserve the opening between the slot rails so that it shall 
not exceed seven-eighths {Vs) of an inch. 

At all points where the working conductor is carried upon insulators, there shall 
be provided a suitable cast-iron frame and cover of sufficient size to provide easy 
access to the insulator. All manholes, sewer connections and other openings exposed 
to the street surface shall be provided with suitable cast-iron frames and covers, 
which together with the frames and covers for the insulators, shall be of ample 
strength to effectually resist the strains imposed upon them by the heaviest street 
loads. 

SPECIAL WORK. 

M all points of intersection of the tracks of the Company with its own tracks 
or with the tracks of other companies, there shall be provided suitable steel special- 
work of ample strength and weight to correspond with the rails to which it connects.. 
The frocrs. switches and mates shall be provided with wearing plates of hardened 
steel- and in no case shall rails used in the special- work be of less weight per foot 
than'the weight of the rails to which they join. All special-work and curves shall 
be laid in concrete in the same general manner required for straight-lme track. ^ 

PITS AND TERMINALS. 

At all points where the underground conduit construction terminates and overhead 
construction begins, the Company shall construct suitable pits underneath the tracks 
of ample size to provide for the removal or the adjustment of the plows attached 
to the cars. These pits shall be built of brick, concrete or masonry m a thoroughly 
substantial manner, and shall be of ample strength to effectually resist the heavieso 
traffic of the streets in which they are laid; it being understood that the construe- 



December 4, 17 IG 



1905 



tion of these pits shall interfere as little as practicable with the use of the streets 
for general traffic purposes at the points where the pits are built. 

The Company shall also provide suitable plow-hatches; spaced with sufficient 
frequency to preserve regular and uninterrupted operation of the cars; it being 
understood that these hatches, except at special-work, shall not be closer than two 
thousand (2,000) feet apart. 

All covers, manholes, hatches, pits, conduits, etc., shall be maintained in good 
order by the Company, and in such a manner as not to interfere with street traffic. 

PAVING. 

Paving to be laid in connection with underground conduit construction shall con- 
form to the following detailed specifications: 

Granite paving blocks shall be used having a uniform grain and texture, without 
lamination or stratification, and free from an excess of mica or feldspar. Said 
blocks shall measure from three and one-half (31/2) to five and one-half (51/2) 
inches in width, from seven (7) to eleven (11) inches in length (except that shorter 
stones may be used to break joints), and not less than five (5) inches in depth. 
They shall be so dressed as to have substantially rectangular plane surfaces, so that 
when in place the joints at the ends and sides shall average one-quarter (i^) inch 
in width. Soft or weatherworn stones obtained from the surface of tbe quarry, 
and stones which wear to a polish under traffic, shall not be used. All blocks shall 
be laid in uniform courses across the roadAvay, and the space between the blocks, 
when in place, shall in no case be less than one-eighth (%) of an inch nor more 
than three-eighths {%) of an inch in width. Each course shall consist of blocks 
of the same width. They shall be so laid that all longitudinal joints shall be broken 
by a lap of approximately three (3) inches. The spaces shall be immediately filled 
to within two (2) inches of the top of the blocks with dry gravel free from loam 
and dirt, and the blocks rammed to a true surface and firm bed with a seventy-five 
(75) pound rammer of approved shape. No cracked or chipped blocks shall remain 
in the pavement. After ramming, the spaces between the blocks shall be completely 
filled with a paving pitch made by the distillation of "straight run" coal tar and 
of such quality and consistency as shall be approved by the Commissioner of Public 
Works. The pitch shall be used at a temperature of not less than two hundred 
eighty degrees (280°) Fahrenheit and be spread in such quantity as to apply two 
(2) gallons to each square yard of pavement. The spreading shall be done in sec- 
tions if the Commissioner of Public Works so directs. 

OVERHEAD ELECTRIC CONSTRUCTION. 

All cable track of the Company shall be reconstructed and converted into electric 
track, and all cable track not designated for underground conduit construction shall 
be provided with overhead electric construction conforming to the following general 
specifications, which shall also apply to the reconstruction of any of the present 
tracks to be operated by electric power from overhead construction, and to all 
additional tracks or extensions to be so operated; provided, that in the reconstruc- 
tion of said cable track all rails and track appurtenances now in use shall be removed 
as far as necessary to permit the placing of the new construction, and replaced with' 
new rails and track appurtenances except on certain parts of said lines where the 
rails are now new or nearly new, said parts of said lines being as follows : Madi- 
son street, from Paulina street to 40th avenue; Milwaukee avenue, from Chicaga 
avenue to Division street; Desplaines street, from Milwaukee avenue to Washing- 
ton street; Halsted street, from O'Neil street to Harrison street, and Van Buren 
street, from Halsted street to Clinton sreet; but on all parts of said cable lines 



IliH; 



December 4, 1717 1905 

whereon it is above provided that the present rails and track appurtenances shall 
remain, .the slot rails shall nevertheless be removed, the conduits filled, and the 
pavement between the rails of each track placed in first-class condition, and the rail 
joints and the bonding and cross-bonding of said tracks shall be as provided below. 

RAILS. 

On all of said streets or portions thereof where granite, asphalt or brick pavement 
is laid upon a concrete foundation, a Trilby rail of the section used for underground 
conduit construction, weighing not less than one hundred twenty (120) pounds per 
yard, shall be laid; but a girder type of rail not less than seven (7) inches in height 
and weighing not less than eighty-five (85) pounds per yard, having a tram of not 
less than two and three-quarters {2%) inches, may be used on the streets or por- 
tions thereof not so paved, provided the difference in elevation between the head of 
the rail and the wagon tread is not more than one and one-quarter (I14) inches 
when the rail is new, and provided further, that at such times as the streets on' 
which the girder rail is laid are paved with granite, asphalt, brick, creosoated block 
or other similar material on concrete foundation, the Company will substitute 
Trilby rails of the section used for underground conduit construction weighing not 
less than one hundred twenty (120) pounds per yard of the above mentioned type, 
but the Company shall not be compelled on account of the paving or repaving of 
any street to remove good serviceable rails before being worn out. 

All rails used in the tunnels and on the approaches may be "T" rails weighing not 
less than seventy (70) pounds per yard. 

JOINTS. 

Same as given for underground conduit construction, except that the joint used 
must be one which will provide a carrying capacity for the electric current equiva- 
lent to the carrying capacity of the rail itself. 

FOUNDATIONS. 

The rails shall be laid upon concrete beams, wooden ties, steel ties or cast-iron 
chairs or in any other form of first-class modern approved street-railway track con- 
struction. 

PAVING. 

The paving in all cases where the said streets or portions thereof are paved Avith 
granite, asphalt or brick pavement on a concrete foundation shall comply with the 
detailed specifications for granite block pavement as above. If such street paving 
alongside of tracks shall be asphalt pavement the rails shall be lined on the outside 
with a ribbon of such granite pavement twelve (12) inches wide. 

BONDING AND CROSS -BONDING. 

In case the rails are joined by any other form of joint than a cast-welded or 
electrically-welded joint, there shall be some form of bond used which will connect 
the ends of the rails together in such manner that the conductivity of the jomts 
shall be equal to the conductivity of the rail. The rails of each single track and 
the inside rails of the double track of all tracks having overhead electric construc- 
tion shall be connected together by cross-bonds of No. 2/0 (B. & S. gauge) copper 
wire spaced not more than one thousand (1,000) feet apart, and properly secured 
to the rails in - such manner that the full conducting effect of the wire may be 
utilized. The rails shall be so bonded or joined and such return circuits and other 
necessary devices installed as to reasonably and effectually prevent damage from 
electrolysis. 



December 4, 17 18 



1905 



OVERHEAD CONSTRUCTION. 

All new overhead construction shall consist of one (1) trolley wire suspended 
over each track by span wires attached to poles set at the curb line or suspended 
from brackets attached to poles. 

Poles shall be of iron or steel weighing approximately nine hundred (900) pounds 
each, set in concrete and kept thoroughly painted. They shall be spaced on an 
average of from one hundred ten (110) to one hundred fifteen (115) feet apart for 
straight track, except at street intersections, and so as not to obstruct cross streets, 
alleys or private driveways. The location of poles shall be determined by the 
Commissioner of Public Works. 

All material used in the overhead construction shall be of the mo^t modern type 
and shall be capable of sustaining all the weights and strains that come upon it 
under normal conditions of operation and from wind, sleet and ordinary acidents. 

The trolley wires shall be No. 2/0 (B. & S. guage) hard-drawn copper. Phosphor 
bronze, silicon bronze, or other material equal in strength and conductivity may also 
be used. Trolley wires shall be suspended not less than eighteen and one-half ( 18% ) 
feet above the rails. There shall be at least two (2) insulations between the trolley 
wire and the supporting pole. 8pan wires shall be galvanized steel. 

All feeder wires, not required by the accompanying ordinance to be placed under 
ground, shall be suspended by insulators upon said poles supporting said trolley 
Avires or upon poles placed at the side of streets, alleys or other public ways in 
locations to be approved by the Commissioner of Public Works. These wires and 
poles shall be so situated that the Company may make conveniently all the con- 
nections provided for in Section 4 of said ordinance. The said trolley wires, feeder 
wires and all other wires authorized by said ordinance' to be installed by the Com- 
pany may, where located in streets, alleys, or other public ways in, along or across 
which are located railroads elevated above the surface of the streets, be strung 
upon or from the structures of such railroads, with the consent of the company 
owning or operating the same. Said wires shall be attached to said structures and 
maintained under the supervision of the City Electrician. 

Underground conduits to carry any of the wires authorized by said ordinance 
to be installed by the Company, shall not exceed four (4) feet in width and three 
(3) feet in depth, and shall be of tile, cement, iron, or other material impervious 
to moisture and not subject to decay. All transmission and feeder wires and cables 
laid under ground shall be covered with lead or other impervious material. Before 
any cable containing such wires shall be put in use it shall be tested by an alter- 
nating current of twice the working voltage of the cable. All forms of cable used 
by the Company containing more than one conductor shall be tested in like manner. 

GENERAL. 

SPACING OF TRACKS. 

In laying or relaying rails in any of the streets included in the accompanying 
ordinance upon which more than one track is to be buit, the distance between 
centers of tracks may remain as at present, but in order to accommodate large, 
modern cars and provide for their safe passage this distance shall be at least nine 
(9) feet eight and one-half (8%) inches between center lines of tracks. The exact 
location of tracks in the streets shall be subject to the approval of the Commissioner, 
of Public Works. 

POW^R HOUSE AND SUB-STATIONS. 

The present cable plants for supplying power shall be abandoned as soon as 



December 4, 



1719 1905 



practicable and in place thereof one or more electric plants shall be substituted, 
owned and operated either by the Company or by some other company, capable of 
furnishing reliable service, and which, together Avith the necessary sub-stations, 
shall be of sufficient capacity to supply the requisite amount of power to efficiently, 
successfully and continuously operate not less than five hundred eighty-five (585) 
double-truck cars and the three hundred ninety (390) single-truck cars hereinafter 
mentioned. 

In th? construction of siu-h plants and sub-stations, the Company shall comply 
with all general ordinances of the ^-ity in regard to buildings and to the installation 
of machinery, boilers and smoke-consuming appliances. The buildings of said power 
plants shall be substantially fire-proof and supplied with smokestacks sufficient to 
cany oil- all gases emitted, and the foundations for the machinery therein shall be 
con^^tructed in a solid and substantial nianner. 

The machinery and apparatus employed shall be selected and installed with a view 
of affording uninterrupted operation of the cars upon said railways, and to attaift 
this end the machinery shall be so arranged that a stoppage of one machine shall 
not prevent the operation of the remaining machines, and reserve machinery shall 
always be readv to be thrown into service. All boilers, piping, valves, fittings,, 
steam engines, turbines, generators, switchboard apparatus, and other appliances 
.sed shall be of the latest and most approved design and constructed and installed 
accordance with the best engineering practice. 

In all dynamos and connections where a high-voltage current is produced or used 
approved methods for the protection of human life shall be employed. 

The hioh-tension switches shall be entirely enclosed in fireproof material, and 
.hall be operated by levers, compressec' air, auxiliary currents, or by such other 
as will, as far as practicable, prevent personal contact with high-tension 



mean; 



current. , ,^ , -j j -4.1. 

All feeders leading out of power plants and sub-stations shall be provided with 
some form of safety switches or automatic circuit-breakers designed to instantane- 
ously open the circuit in a case of a short circuit occurring on the feeder or on the 
trollev wire which it feeds. 

Alf the foregoing specifications regarding modern and approved apparatus, pro- 
tection from fire, and provisions for the protection of human life, shall apply with 
equal force to the sub-stations in ease a system of transmission involving the use 
of sub- stations is adopted. 

CAR SHOPS AND MACHINERY. 

Suitable shop facilities shall be provided for keeping the machinery, cars and 
equipment in proper condition for maintaining the service at the standard fixed 
by the ordinance. 

CARS. 

The Company shall put into service as rapidly as practicable and operate on its 
street railway system five hundred eighty-five (585) or more double-truck 
cars, each capable of seating from forty (40) to fifty-two (52) passengers. These 
cars shall have center aisles and cross seats, which shall face forward, except that 
longitudinal seats seating not to exceed four (4) persons may be used at each end 
of the car, and on each side of the car, immediately inside the entrances. They 
shall be vestibuled and shall be supplied with a sufficient number of electric bells, 
connections and buttons to enable passengers without inconvenience to notify the 
conductor of their desire to leave the car, and shall also be equipped with the most 
serviceable form of fender devices, headlights, sand boxes and gongs. 

In addition to the above cars, the Company may retain in operation on said 



December 4, 1720 1905 

streets three hundred ninety (390) of the present single-truck cg^rs now in service, 
it being understood that these cars, shall be selected from the best cars now in 
service and shall conform in every respect to all general ordinances of the city 
regulating such cars. 

All the above cars shall be equipped with sufficient motor capacity to properly 
operate the cars at the schedule speed required by the service over the particular 
lines that they may be operated upon. All double-truck cars shall be provided with 
an effective hand brake and in addition thereto some approved form of power brake. 

Each car shall bear appropriate and conspicuous signs upon its sides and ends, 
so placed as to indicate its route both day and night; at night such signs shall be 
illuminated. 

Electric or hot-water heaters or heaters of other approved type, of sufficient 
capacity to heat the above cars as stipulated in accompanying ordinance shall be 
used. 

OTHER EOLLING STOCK. 

The Company shall provide all necessary snow-plows, sweepers, repair cars, work 
cafs, etc., to properly take care of its system and maintain it in first-class working 
condition. 

SUPERVISION OF WORK. 

All work constructed or reconstructed under these specifications shall be subject 
to the inspection and approval of the Consulting Engineer of the city, who shall 
be specially authorized to have charge of the work during the reconstruction period. 

The Company shall furnish and deliver to the city two (2) complete sets of blue- 
prints of its drawings, made sufficiently in detail to show the general design and 
general location of all new construction work placed in the city streets under these 
specifications, including track, feeder, conduit and transmission system and the 
necessary appurtenances pertaining to them. Both sets of these blue-prints shall 
be delivered to the duly authorized Consulting Engineer of the city in charge of 
such work, prior to the beginning of the construction of the work represented by 
the prints. When each section of the work is begun the Company shall notify 
said Engineer giving the date of the beginning of such work, and after the section 
is completed the Company shall again notify said Engineer, giving the date of 
completion. After the dates are recorded by the Engineer upon the blue-prints, 
one set of the prints shall be delivered to the Commissioner of Public Works and 
kept on file in his office. , 

TIME OF COMPLETION OF IMPROVEMENTS. 

The improvements contemplated by these specifications shall be begun within 
sixty (60) days after the acceptance of the accompanying ordinance by the Com- 
pany, and all the work herein outlined shall be prosecuted with due diligence and 
shall be completed on or before five (5) years from the date of said acceptance, 
unless delayed by the city or by strikes, riots or other causes beyond the control 
of the Company. It is understood that the five hundred eight-five (585) cars above 
mentioned shall be in operation upon the tracks of the Company within three (3) 
years from the passage of the accompanying ordinance, unless so delayed. 

CHANGES OF SPECIFICATIONS. 

It is understood that nothing herein shall be construed in such a manner as to 
prevent the Company from using more expensive and better material than that 
herein specified on any part of its work, or from doing more work than provided 
herein. 

During the reconstruction period these specifications may be modified in any par- 




December 4, 1721 1905 

tieular by which a better type of construction can be obtained, upon the joint ap- 
proval of the Company and the Consulting Engineer of the city, and, after said 
period, upon the joint approval of the Company and the Commissioner of Public 
Works. 

EXHIBIT C. 

THROUGH ROUTES TO BE OPERATED BY THE CHICAGO CITY RAILWAY COMPANY, THE NORTH 
CHICAGO STREET RAILROAD COMPANY, AND THE WEST CHICAGO STREET RAIL- 
ROAD COMPANY. 

ROUTE NO 1. 

Beginning at Jackson Park avenue (formerly Stony Island avenue) and 63d 
street, thence west on 63rd street to Indiana avenue; north on Indiana avenue to 
18th street; west on 18th street to Wabash avenue; north on Wabash avenue to 
Lake street; west on Lake street to State street; north on State to Division street; 
west on Division street to Clark street; north on Clark street to Devon avenue; re- 
turning by the same route. 

ROUTE NO. 2. 

Beginning at Wallace street and 79th street; east on 79th street to Vincennes 
Road; north on Vincennes Road to Wentworth avenue; north on Wentworth avenue 
to Archer avenue; east on Archer avenue to Clark street; north on Clark street to 
Division street; west on Division street to Clybourn avenue; north on Clybourn 
avenue to Belmont avenue; returning by the same route. 

ROUTE NO. 3. 

Beginning at Lake avenue and 55th street; west on 55th street to Cottage Grove 
avenue; north on Cottage Grove avenue to 22nd street; Avest on 22d street to Wa- 
bash avenue; north on Wabash avenue to Harrison street; west on Harrison street 
to Dearborn street; north on Dearborn street to Washington street; west on Wash- 
ington street to La Salle street; north on La Salle street to Illinois street; east 
on Illinois street to Clark street; north on Clark street to Center street; west on 
Center street to Lincoln avenue; north on Lincoln avenue to Bowmanville (Foster 
avenue) ; returning by the same route. 

ROUTE NO. 4. 

Beginning at 75th street on South Chicago avenue; north on South Chicago ave- 
nue to Cottage Grove avenue; north on Cottage Grove avenue to 22d street; 
west on 22d street to Wabash avenue; north on Wabash avenue to Washington 
street; west on Washington street to La Salle street; north on La Salle street to 
Illinois street; west on Illinois street to Wells street; north on Wells street to 
Clark street; north on Clark street to Center street; west on Center street to 
Lincoln avenue; north on Lincoln avenue to Wrightwood avenue; returning by the 
same route. 

ROUTE NO. 5. 
Beginning at 77th street and Vincinnes road; north on Vincinnes road to State 
street; north on State street to Van Buren street; west on Van Buren street to 
Kedzie avenue; returning by the same route. 

ROUTE NO. 6. 
Beginning at 77th street and Vincennes road; north on Vincennes road to State 
street; north on State street to Washington street; west on Washington street to 
Desplaines street ; north on Desplaines street to Milwaukee avenue ; north on Mil- 
waukee avenue to Armitage avenue; west on Armitage avenue to 44th avenue; 
returning by the same route. 



December 4, 1722 i 19 05 

ROUTE NO. 7. 
Beginning on State street at 39th street; north on State street to Madison street; 
west on Madison street to 40th avenue; returning by the same route. 

ROUTE NO. 8. 

Beginning at Jackson Park avenue and 63d street; west on 63d street to Halsted 
street; north on Halsted street to Evanston avenue; north on Evanston avenue to 
Graceland avenue; returning by the same route. 

ROUTE NO. 9. 
Beginning at 69th street and Ashland avenue; north on Ashland avenue to 12th 
street; west on 12th street to Paulina street; north on Paulina street to Lake 
street; east on Lake street to Ashland avenue; north on Ashland avenue to Clybourn 
place; east on Clybourn place to Southport avenue; north on Southport avenue to 
Clybourn avenue; returning by the same route. 

ROUTE NO. 10. 

Beginning at 71st street and Western avenue; north on Western avenue to Bel- 
mont avenue; returning by the same route. 

ROUTE NO. 11. 
Beginning at North avenue and Clark street; south on Clark street to Madison 
street; west on Madison street to Ogden avenue; south-west on Ogden avenue to 
40th avenue; returning by the same route. 

ROUTE NO. 12. 
Beginning at Clark street and North avenue; west on North avenue to Wells 
street; south on Wells street and Fifth avenue to Adams street; west on Adams 
street to Clinton street; south on Clinton street to Harrison street; west on Harrison 
street to the intersection of Halsted street and Blue Island avenue; south-west on 
Blue Island avenue to Western avenue; returning by the same route. 

ROUTE NO. 13. 
Beginning at 48th avenue and Archer avenue; northeast on Archer avenue to 
Halsted street; north on Halsted street to Evanston avenue; north on Evanston 
avenue to Graceland avenue; returning by the same route. 

ROUTE NO. 14. 
Beginning at 46th avenue and 12th street; east on 12th street to Ogd«n avenue; 
northeast on Ogden avenue to Randolph street; east on Randolph street to Fifth 
avenue; north on Fifth avenue and Wells street to Clark street; north on Clark 
street to Diversey boulevard; returning by the same route. 

ROUTE NO. 15. 
Beginning at 21st street at Douglas Park; east on 21st street to Halsted street; 
north on Halsted street to Canalport avenue; northeast on Canalport avenue to 
Canal street; north on Canal street to Polk street; east on Polk street to Fifth 
avenue; north on Fifth avenue and Wells street to Clark street; north on Clark 
street to Diversey boulevard; returning by the same route. 

ROUTE NO. 16. 
Beginning at State and 39th streets; thence north on State street to Lake street ;^ 
west on Lake street to Pine avenue; returning by the same route. 

It is understood that this route will be extended west to the city limits as soon 
as a subway is built under the Chicago and Northwestern Railway tracks. 

ROUTE NO. 17. 
Beginning at 63d street on Kedzie avenue; north on Kedzie avenue to Chicago 



December 4, 1723 1905 

avenue; east on Chicago avenue to California avenue; north on California avenue 
to Belmont avenue; returning by the same route. 

ROUTE NO. 18. 
;^eginning on Division street at Humboldt Park; east on Division street to Clark 
street; north on Clark street to North avenue and Lincoln Park; west on North 
avenue to Wells street; south on Wells street to Division street; west on Division 
street to Humboldt Park. 

EOUTE NO. 19. 
Beginning on Chicago avenue at 60th avenue; east on Chicago avenue to Milwau- 
kee avenue; south on Milwaukee avenue to Lake street; east on Lake street to 
and around the State street loop; returning by the same route. 

ROUTE NO. 20. 
Beginning on Madison street at 60th avenue; east on Madison street to and 
around the State street loop; returning by the same route. 

ROUTE NO. 21. 
Beginning on North avenue at 48th avenue; east on North avenue to Milwaukee 
avenue; south on Milwaukee avenue to Lake street; east on Lake street to and 
around the State street loop; returning by the same route. 

AN ORDINANCE 

Authorizing the North Chicago Street Railroad Company to maintain and operate 
a system of street railways in certain streets and public ways in the City of 
Chicago. 

Whereas, The North Chicago Street Railroad Company, through itself and its 
lessors, heretofore constructed and now, through its lessee, the Chicago Union Trac- 
tion Company, and the Receivers of said Chicago Union Traction Company, main- 
tains and operates a system of street railways in certain of the streets and public 
ways of the City of Chicago (hereinafter for brevity called the City), particularly 
described in the schedule marked "Exhibit A," hereto attached and made part hereof; 
and 

Whereas, The claim of the Company of a right to maintain and operate, through 
itself or its lessee, after the expiration of the period of twenty years mentioned in 
the extension ordinance of July 30, 1883, as amended by the ordinance of August 
6, 1883, and after the expiration of the respective periods of time mentioned in 
ordinances to the North Chicago City Railway Company passed after July 30, 1883, 
those parts of its said street railway system for which its lessor the North Chicago 
City Railway Company, received grants or ordinances, is denied by the City; and, 

Whereas, The ordinances authorizing the Company, or its lessors, to maintain 
and operate the remaining parts of its street railway system are claimed by the City 
either already to have expired by limitation or to be about to expire by limitation 
from time to time within the next few years; and. 

Whereas, It is necessary for the proper accommodation of the public to recon- 
struct and newly equip at large cost certain parts of the street railway of the Com- 
pany ; and, 

Whereas, The City desires to acquire the right, and be in position as soon as 
practicable, freely to deal with the subject of transportation in its streets as a whole; 
now, therefore. 
Be it ordained by the City Council of the City of Chicago: 

Section 1. That, in consideration of the acceptance of this ordinance, and 



December 4, 1724 1905 

2 of the undertaking thereby to comply with all and every its provisions, condi- 

3 tions and requirements, by the North Chicago Street Railroad Company (herein- 

4 after for brevity called the Company), and also by the North Chicago City 

5 Railway Company, the Chicago Union Traction Company, the Receivers of the 

6 Chicago Union Traction Company and the Receivers of the North Chicago 

7 Street Railroad Company, consent, permission and authority are hereby granted 

8 to the Company, its successors and assigns, to maintain and operate for a 

9 period of twenty years (subject to prior determination as hereinafter provided), 

10 from and after the date of passage of this ordinance, a system of street rail- 

11 ways in, upon and along the streets and public ways, or portions thereof in 

12 which its lessee, through its Receivers, now maintains and operates either a 

13 single or double track street railway, with certain additions thereto, as shown 

14 by the schedule marked "Exhibit A," hereto attached and made part hereof. 

15 Said schedule shall be conclusive evidence of the streets and public ways, or 

16 portions thereof, in which the Company is authorized by this ordinance here- 

17 after during said period to maintain and operate a street railway, and of the 

18 number of tracks hereby authorized to be maintained and operated, in each of 

19 said streets and public ways or portions thereof. 

The Company shall also have the right to construct, maintain and operate 

21 all curves, crossings, cross-overs, turn-outs, branch-offs, switches and connections 

22 within the streets, alleys and public places specifically described in said "Ex- 

23 hibit A" connecting, and necessary and convenient to connect, tracks authorized 

24 by this ordinance, or to connect said tracks or any of them, or its tracks on 

25 private property, with the adjoining tracks of other corporations or with the 

26 adjoining power houses, sub-stations, car houses, shops, yards and other prop- 

27 erty* now or hereafter owned, leased, controlled or operated by the Company, 

28 or its lessee, and used in the operation of street railways under the powers 

29 given by this ordinance, or proper and convenient for use in furnishing efficient , 

30 service during rush hours, or in case of fire, accident, blockade or other event 

31 making the use of regular tracks or routes impracticable or inefficient. 

In all cases where this ordinance and the ordinances to the West Chicago 

33 Street Railroad Company and The Chicago City Railway Company, pending be- 

34 fore the Council at the same time with this ordinance, confer grants to more 

35 than one company in the same part of any street, the rights granted to the 

36 respective companies in such part of any street shall be for a mutual and 

37 joint use of tracks, and the rights of each company therein shall be the same 

38 as though the ordinances making the grants to said several companies had 

39 been passed and taken effect concurrently, regardless of the actual dates of 

40 their passage and acceptance. 

Section 2. The Company shall proceed at once to reconstruct portions of its 

2 tracks and roadbed, and put its entire plant and equipment in first-class con- 

3 dition, in full compliance with the specifications for such work marked "Exhibit 

4 B," and hereto attached and made a part of this ordinance; and the several 

5 improvements and betterments called for by said specifications shall be fully 

6 completed by the Company within five years from the passage of this ordinance, 

7 exclusive of delays due to unavoidable accidents, labor strikes or the order 

8 or decrees of any court of competent jurisdiction entered in any suit brought 

9 without the Company's connivance. All the new cars specified in said exhibit 
hereto shall be placed in service within three years from such passage. 

After the completion of the reconstruction and re-equipment particularly 
12 required by the terms of said "Exhibit B," the Company shall maintain its plant 



10 



December 4, 1725 1905. 

13 and equipment in first-class condition by making, from time to time, such im- 

14 provements and betterments as may be necessary to give to the public first- 

15 class street railway service continuously throughout the term of this grant. 

16 It shall at all times, both day and night, operate sufficient cars to accommodate 

17 the traffic; and it shall, throughout the term of this grant, at all times operate 

18 its street railways so as to render to the public efficient street railway service. 

The Company, prior to and during the said reconstruction of its street rail- 

20 way system, is hereby authorized to operate its several lines, respectively, by 

21 the power now employed for that purpose. 

In order to accommodate the public during the period of reconstruction the 

23 ^Company shall have the right to operate its cars on temporary tracks ' when 

24 necessary upon any portion of any street or public Avay covered by this grant 

25 by electric power applied by means of temporary overhead wires subject to such 

26 terms and conditions as may be imposed by the Mayor and Commissioner of 

27 Public Works. 

The provisions of this ordinance in the nature of specifications shall be given 

29 at all times full force and effect save only in cases of express conflicting pro- 

30 visions, if any, contained in said "Exhibit B," which in such cases shall prevail. 

31 They shall be c'onstrued together and both, so far as practicable, be given full 

32 effect throughout the life of this ordinance; but nothing in them contained shall 

33 prevent the Company from using more expensive or better materials or from 

34 making usual and desirable improvements of its street railway system, in 

35 addition to those specified, under the supervision of the Commissioner of Public 

36 Works. 

Section 3. The Company (except as hereinbefore provided) shall operate 

2 all of its street railways in the City, during the term of this grant, by elec- 

3 tricity. The Company may operate all of said lines by overhead contact trolley 

4 wires suspended from poles, or from the structures of railroads elevated above 
? the surface of the streets under the supervision of the City Electrician. Pro- 

6 vided, however, that, in case the underground electric system, to be installed by 

7 The Chicago City Railway Company on a portion of its lines, as provided for 

8 in its ordinance, shall prove to be practicable and be so determined under the 

9 provisions of said ordinance, thereafter at any time the Company may be 

10 required to adopt and install such underground system for the propulsion of 

11 its cars in and upon such of the streets and parts of streets (except those 

12 upon which are located elevated railroads) mentioned and described in "Exhibit 

13 A" and lying and being in the south division of said city as the City shall then 

14 direct. 

The Company shall keep all catch-basins and drains connecting the electric 

16 conduits of said underground system with sewers clean and free from deposits 

17 of mud. In the construction of such underground electric conduits the Com- 

18 pany is hereby authorized to change the present location of conduits, cables, 

19 gas pipes, steam pipes, water pipes, sewers, drains, man-holes and catch-basin& 

20 and other underground structures belonging to private individuals, corporations, 

21 or the City, wherever any such change in location is necessary to the proper m- 

22 stallation of its underground work. All such changes shall be made without 

23 cost to the City, and in such manner as to cause no unnecessary injury or dis- 

24 turbance to the City or other parties affected. 

Section 4. The Company shall be authorized and permitted during the term 
2 of this grant to operate its cars upon all its street railway tracks, excepting 



December 4, 1726 ' 1905 

3 those required by the provisions of Section 3 of this ordinance to be operated 

4 by an underground electric system, by overhead contact trolley wires suspended j 

5 from poles, or from the structures of railroads elevated above the surface of the 11 

6 streets under the supervision of the City Electrician. 

Such poles shall be of iron or steel, ornamental in design and kept well 

8 painted. They shall be set in concrete, at the curb line, on the average of not 

9 less than one hundred and fifteen feet apart, and so as not to obstruct cross 

10 streets, alleys and private driveways. The exact kind and location of poles 

11 for each new construction or reconstruction shall be determined by the Com- 

12 missioner of Public Works. 

All trolley wires shall be of hard drawn copper, phosphor bronze, silicon 

14 bronze, or some other material of strength equal to hard drawn copper. They 

15 shall be strung not less than eighteen and one-half feet above the rails, except 

16 when attached to the structures of railroads elevated above the surface of the 

17 street under the supervision of the City Electrician; and there shall be at least 

18 two insulations between such trolley wires and each supporting pole. 

All material used by the Company in its overhead construction shall be of 

20 the most modern type; and such overhead construction shall be capable of sus- 

21 taining all weights and strains that may come" upon it, including those due to 

22 wind, sleet, and ordinary accidents. 

The Company may use its said conduits and trolley poles and wires for all 

24 purposes connected exclusively with the operation of its street railways, such 

25 as power, light, heat and signals. It may connect said conduits, poles and wires 

26 with its transmission and feeder wires, power plants, sub- stations, car houses, 

27 repair shops, or other property of the Company, and with any transmission 

28 or feeder wires of any other individual or corporation from whom or which 

29 it may derive electrical power for the operation of its street railways. 

Section 5. The City shall have the right, without the payment of any 

2 compensation therefor, during the term of this ordinance, to use the poles of 

3 the Company to carry its signal, telephone, telegraph and electric light wires 

4 and lamps. The transmission wires of the City for such purposes shall be 

5 placed on poles of the Company on the side of each street or way (where poles 

6 are located on both sides thereof ) designated by the Company's engineer, and 

7 under his direction, without cost or expense to it; but the Company shall 

8 repair and maintain its poles without cost or expense to the City. Provided, 

9 that the City shall indemnify and save harmless the Company against and 

10 from all damages, judgments and costs which the Company may suffer by 

11 reason of any negligence of the City in using said poles. 

Section 6. The Company, to reduce the number of poles in the streets and 

2 ways occupied by it, may permit other corporations, having or which shall 

3 hereafter obtain authority from the City Council to operate telegraph, tele- 

4 phone, or electric lighting plants by means of overhead wires in said streets 

5 and ways, to carry their wires on its poles therein upon such terms and for 

6 such compensation as may be agreed upon by the parties. The Company shall . 

7 make no contract with any such other corporation which will affect the rights 

8 of the City or extend beyond the termination of this ordinance. The Company 

9 shall file with the Comptroller of the City copies of all contracts between itself 
10 and other corporations for the use of its poles. 

Section 7. All transmission and feeder wires within the City, carrying 
2 a current of more than one thousand volts, shall be laid undergroMud. except 



December 4, 1727 1905 

3 when carried on the structures of railroads elevated above the surface of the 

4 streets their attachment and maintenance being under the supervision of the 

5 City Electrician; and all such wires of whatever voltage within that portion 

6 of the City lying south of the north line of Chicago avenue shall be laid under- 

7 ground (except as aforesaid). To this end, authority is hereby conferred upon 

8 the Company to enter upon, excavate for, and construct a system of conduits 

9 in the streets, alleys and other public ways of the City of sufficient capacity 

10 to carry its said wires. The said conduits shall not exceed four feet in width 

11 and three feet in depth, and shall be of tile, cement, iron or other material 

12 impervious to moisture and not subject to decay. Their exact location shall 

13 be fixed by the Commissioner of Public Works. 

If at any time the City shall desire to place conduits in streets or public 

15 ways wherein the Company is then about to place conduits, a single trench 

16 may be used for both. The expense in each such case shall be divided between 

17 the Company and the City according to the space used by each therein. 

All transmission and feeder wires laid underground shall be covered 

19 with lead or some other impervious material. Before any cable containing such 

20 wires shall be put in use it_ shall be tested by an alternating current of twice 

21 the working voltage of the cable. All forms of cable used by the Company, 

22 containing more than one conductor, shall be tested in like manner. 

All transmission and feeder wires not herein required to be placed under- 

24 ground, or permitted to be carried on the structures of railroads elevated above 

25 the surface of the streets, as aforesaid, shall be suspended by insulators upon 

26 poles supporting trolley wires, or upon poles placed at the sides of streets, 

27 alleys, or public ways, in locations to be approved by the Commissioner of 

28 Public Works. 

Section 8. All wires and conductors for the transmission of electricity in 

2 and along any street, alley or public way (whether under or above ground) 

3 shall be installed in a substantial and workmanlike manner, so, as to interfere 

4 as little as possible with the other uses of said public places; and all electric 

5 work of every kind and character shall comply strictly with the ordinances of 

6 the City applicable thereto. It shall in every instance be done and maintained 

7 under the supervision and subject to the approval of the City Electrician. 

All work of construction, reconstruction and repair of every kind and char- 
9 acter, other than electrical work, authorized or permitted by this ordinance and 

10 by "Exhibit B" hereto attached shall be done under the supervision and shall be 

11 subject to the approval of the Commissioner of Public Works of the City. 

The Company, before it makes any excavation in, or in any way interferes 

13 with the surface of, any street or public way for the purpose of doing any work 

14 authorized by this ordinance, shall obtain from the Commissioner of Public 

15 Works of the City a permit so to do, which permit shall contain a condition 

16 requiring the Company to restore said street or way and maintain it for one 

17 year thereafter, and in every case the Company, 'after it has restored such 

18 street or way, shall maintain it for one year after such restoration. The bond 

19 of the Company provided for in Section 21 hereof shall secure the faithful per- 

20 formance of the work covered by each and every of said permits. 

Section 9. The tracks, authorized by this ordinance to be maintained by 

2 the Company, shall not be elevated above the surface of the street or public way 

3 in which they are placed. They shall be laid and maintained by the Company 



( 



December 4, 



1728 



1905 



4 

5 

7 
8 
9 

11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 



so as to conform to the grade of such street or public Avay as the same is, or 
from time to time hereafter, shall be established by the City Council. 

All tracks shall be laid with the best materials and in the most approved 
modern manner. The rails shall be laid, except as hereinafter provided, on 
wooden ties, steel ties, or concrete. If wooden ties be used, they shall be 
placed not further apart than three feet between centers. 

All now track construction hereafter laid in streets or public ways paved, or 
about to be paved, with asphalt, granite, brick, creosoted block, or other similar 
material shall be laid with modern improved rails of the grooved type, known 
as the "Trilby" rail, weighing not less than one hundred twenty ponuds per 
yard, in which, when new, the difference between height of lip and tread does 
not exceed six thirty-seconds of an inch. Such type of rail shall also be laid 
whenever it becomes necessary to renew worn-out tracks in streets paved or 
repaved with asphalt, granite, brick, creosoted block, or other similar material; 
but the Company shall not be compelled, on account of the paving or repaving 
of any street, to remove good serviceable rails before being worn out. In "all 
streets or ways, net paved as aforesaid, the girder type of rail, having a height 
of not less than seven inches and weighing not less than eighty-five pounds per 
yard, may be used." 

Section 10. The Company, as respects filling, grading, paving, keeping 
in rep'air, sweeping, sprinkling, keeping clean, or otherwise improving the 
streets or parts of streets occupied by its railway, shall fill, grade, pave, keep in 
repair, sweep, sprinkle, and keep clean eight feet in width of all streets and pub- 
lic ways, or portions thereof, occupied by it with a single track railway, and 
(except as hereinafter in this section provided) sixteen feet in width of all 

6%streets and public ways, or portions thereof, occupied by it with a 'double track 

6^railway. 

In each case where by said "Exhibit A" hereto the Company is authorized 

7 and required to change a single track to a double track in any street or part of 

8 a street, if the roadway therein be not at least thirty-eight feet in width, the 
Company shall widen such roadway to said width and shall rebuild the catch- 
basins and their connections and curb and pave said street, as required by the 
City Council, at its own expense. Provided, that the Company shall not here- 
by be required to pave, in addition to the part of the street occupied by its 
double-track street railway as provided for in this ordinance, more than eight 
feet in width of such roadway. 

The Company, at its own expense, shall keep said portions of all streets and 
public ways occupied by its tracks free of snow and ice. In removing snow and 
ice, it shall not deposit the same upon the portions of the street or public way 
outside of its tracks, except temporarily; and, in every case of such temporary 
deposit, it shall be removed by the Company within a reasonable time to be 
fixed by the Mayor and Commissioner of Public Works. 

The Company, upon the order of the Commissioner of Public Works, shall 
pave, repave, or repair the portions of the streets and public ways which 
by this grant it is required to keep paved and in repair, whenever and as often 
as the same shall reasonably require paving, repaving or repairing, and shall at 
all times keep the surface of all of its paving at least up to the top of the rail. 

The pavement which the Company shall be required to lay down and keep 
in repair in the portion of any street or way which it is required herein to 
pave and keep in repair shall be of the folloAving kinds, to-wit : 



I 



December 4, " 1729 1905 

First. In all streets or ^yays in which the Company has in place, at the 

27 date of the passage of this ordinance, a good serviceable pavement, it shall re- 

28 pair and maintain the same while serviceable under the direction of the Com- 

29 missioner of Public Works as aforesaid. 

Second. Whenever any existing pavement of the Company, in any paved 

30 street or way, can no longer be made serviceable by repairs; and whenever the 

31 portions of any street or public way outside of the strip herein required to be 

32 paved by the Company are newly paved or repaved with asphalt, granite, brick, 

33 creosoted blocks, or other similar material, as aforesaid, and the pavement of 
.34 the Company therein does not comply with the following specifications; and 

35 whenever the Company relays its rails in any such paved street or public way 

36 in which its pavement does not comply with the following specifications— then, 

37 and in any of such events, the Company shall pave or repave the portion of any 

38 such street or public way, which it is herein required to keep paved, with gran- 

39 -ite paving blocks . having a uniform grain and texture, without lamination or 

40 stratification, and free from an excess of mica or feldspar. Said blocks shall 

41 measure from three and one-half to five and one-half inches in width, from seven 

42 to eleven inches in length (except that shorter stones may be used to break 

43 joints), and not less than five inches in depth. They shall be so dressed as to 

44 have substantially rectangular plane surfaces, so that when in place the joints 

45 at the ends and sides shall average one-fourth inch in width. Soft or weather- 
40 worn stones, obtained from the surface of the quarry, and stones which wear 

47 to a polish under traffic shall not be used. All blocks shall be laid in uniform 

48 courses across the roadway; and the space between the blocks, when in 

49 place, shall in no case be less than one-eighth of an inch nor more than three- 

50 eighths of an inch in width. Each course shall consist of blocks of the same 

57 width. They shall be so laid that all longitudinal joints shall be broken by a 

58 lap of at least three inches. The spaces shall be immediately filled to within 

59 two inches of the top of the blocks with dry gravel free from loam and dirt, and 

60 the blocks rammed to a true surface and firm bed with a seventy-five pound 

61 rammer of approved shape. No cracked or chipped blocks shall remain in the 

62 pavement. After ramming the spaces between the blocks shall be completely 

63 filled with a paving pitch made by the distillation of "straight run" coal tar and 

64 of such quality and consistency as shall be approved by the Commissioner of 

65 Public Works.' The pitch shall be used at a temperature of not less than two 

66 hundred and eighty degrees Fahrenheit and be spread in such quantity as to 

67 apply two gallons to each square yard of pavement. The spreading shall be 

68 done in sections if the Commissioner of Public Works so directs. 

Provided. That whenever any street or public way, or portion thereof, in 

69 which the Company maintains double tracks, shall hereafter be newly paved 

70 or repaved with asphalt, the Company shall pave or repave with granite blocks, 

71 as aforesaid, the entire space between its outside rails therein and a strip one 

72 foot in width beyond each thereof. 

Third. Whenever any existing pavement of the Company, in any unpaved 

73 street or public way, can no longer be made serviceable by repairs; and when- 

79 ever the Company lays down any track or tracks in an unpaved street or public 

80 way— then, and in either of such events, the Company shall pave or repave the 

81 portion of any such street or public way, which it is required to keep paved or 

82 repaved, as aforesaid, with good serviceable granite blocks. 

Section 11. All passenger cars operated by the Company shall be used for 



December 4, 1730 



1905 



2 tne carriage of passengers only. All cars hereafter built or purchased shall be 

3 of the best and most approved finish, style and design; shall have center aisles; 

4 shall be without running foot boards along the sides, and shall be equipped with 

5 sufficient motor capacity. Cross seats facing forwards shall be used; but lon- 

6 gitudinal seats, each seating not more than four passengers, may be used at 

7 the ends of the car. All closed cars shall be vestibuled and shall be supplied 

8 with a sufficient number of electric bells, connections and buttons to enable pas- 

9 passengers, without inconvenienc-e, to notify the conductor of their desire to leave 
10 the car and shall also be equipped M-ith the most serviceable form of fender de- 
ll vices, headlights and sand boxes. Each double truck ear shall be equipped with 

12 two sets of brakes, one of which shall be a hand brake and the other an effi- 

13 cient power brake of modern improved type. Said cars shall at all times be 

14 kept clean and in good repair; they shall be well ventilated and lighted. They 

15 shall be kept heated to the temperature of fifty degrees Fahrenheit, as nearly as 

16 possible. Each car shall bear appropriate and conspicuous signs upon its sides 

17 and ends, so placed as to indicate both day and night its route and destination; 

18 at night such signs shall be illuminated. Every electric car shall be in charge 

19 and under the control of two competent men, a motorman and a conductor, and 

20 shall be operated singly except when otherwise expressly authorized by the 

21 City Council. 

Sectiox 12. The Company is hereby authorized and permitted to operate 

2 funeral cars and separate cars for the use of the United States Post Office De- 

3 partment and for the carriage of parcels and packages; but cars for the car- 

4 riage of parcels and packages shall be operated only between the hours of eight 

5 o'clock P. M. and five o'clock a. m., unless otherwise authorized by the City 

6 Council. The City Council hereby expressly reserves the right to regulate the 
Oi/grates to be charged by the Company for the carriage of parcels and packages. 

All said cars shall be operated in strict accordance with such rules and regu- 

8 lations as may be from time to time prescribed by the City Council; and they 

9 shall at all times be operated so as not to interfere with or impede the progress 

10 of passenger cars. Passengers shall be permitted to carry parcels and ordinary 

11 hand bags. 

Section 13. If it shall be found practicable to have the streets occupied by 

2 its tracks swept and sprinkled their entire width by the Company, or to have 

3 street sweepings, garbage, or other refuse removed by means of street cars at 

4 night, the Company shall perform said service, or so much thereof as shall 

5 prove practicable, when so ordered by the Mayor and Commissioner of Public 

6 Works. It shall receive for such service reasonable compensation, which in 

7 every instance shall be agreed upon in advance of its rendition. If the City 

8 and the Company shall fail or be unable to agree upon the rates of compensa- 

9 tion to be paid for. said services, it shall be submitted to arbitrators, each of 

10 the parties hereto selecting an arbitrator and the two so chosen (if they fail 

11 to agree) the third arbitrator. 

In any such case, if either party fails or refuses to appoint an arbitrator upon 

13 thirty days' written request, or if the two so appointed fail to agree and for 

14 thirty days do not appoint a third arbitrator, upon ten days' notice to tha 

15 other either party may apply to the person who shall then be acting as Chief 

16 Justice of the Circuit Court of Cook County, Illinois, to appoint a disinterested 

17 person as one of such arbitrators. Upon such applications, the said Cliief 

18 Justice is hereby empowered to make such appointments. The finding of the 

19 arbitrators, or a majority of them, shall be final and conclusive, and the Com- 



December 4, 1731 1905 

20 pany shall thereupon be bound to render the service at the rate so named. 

21 Provided, that either the City or Company shall have the right to re-submit the 

22 question of compensation for any such service at the end of each two years 

23 during the term hereof. 

In case the Company is called upon to remove street sweepings and other re- 

24 fuse, the City shall furnish suitable and convenient dumping grounds and per- 

25 mit the connection of the Company's tracks therewith. The Company shall 

26 also have the right to carry on suitable cars snow and ice required by this or- 

27 dinance to be removed by it; also materials for its own use or for the use of 

28 the City, and to connect its tracks and wires with property necessary to be 

29 used for such purposes. 

Section 14. All vehicles on the tracks of the Company shall be required by 

2 ordinance of the City, with appropriate penalties, to turn out so as not to im- 

3 pede its cars. 

Section 15. The Company shall issue passes, or free tickets, to city detec- 

2 tives presenting written requests therefor, signed by the Chief of Police of the 

3 City. Policemen and firemen in full uniform shall be permitted to ride free. 

Section 16. The Company shall remove all tracks now owned by it and 

2 which it is not expressly authorized by this ordinance hereafter to maintain 

3 and operate. If it shall hereafter cease to operate over any of its tracks, or 

4 any portion thereof, it shall remove such unused tracks upon the order of the- 

5 City Council. Failure to operate cars for the carriage of passengers at least 

6 once each way within every hour of each day, between the hours of six a.m. 

7 and eight p.m., over any part of a street or public place in which tracks of 

8 the Company are then laid, shall be treated as a cessation of operation of such 

9 part of its tracks Mdthin the meaning of this section, unless such operation 

10 is interfered with by unavoidable accidents, labor strikes, or litigation brought 

11 without connivance of the Company. Provided, however, that the foregoing 

12 provision shall not be construed to require the removal of curves and connect- 

13 ing tracks constructed and maintained for emergency use in case of fire or 

14 accident, or such tracks as may be necessary for a connection with the Com- 

15 pany's property used for street railway purposes. 

In every case of removal of tracks, as aforesaid, the Company shall restore 

15 the street or public way to the condition of the other portions thereof, all at 

16 its own expense. If the Company shall fail within a reasonable time to re- 

17 move any such tracks on order of the Commissioner of Public Works, the City 

18 may remove them, charging the expense thereof to the Company. Provided, 

19 that nothing in this section contained shall relieve the Company from its obli- 

20 gation to render adequate service on its linesi 

All permits issued for the removal of buildings on or across any track of the 

21 Company shall provide that the Company be notified at least two days in ad- 

22 vance of such removal; that such removal shall only take place, unless with 

23 the consent of the Company, between the hours of twelve o'clock midmght and 

24 five o'clock a.m.; and that the party to whom the permit is issued shall pay 

25 to the Company the actual cost of removing and replacing its overhead equip- 

26 ment, and for the interruption of its traffic from five a.m. to twelve o'clock 

27 midnight, if such interruption shall occur. 

Section 17. The Company, except as to chartered cars to private parties 

2 and as hereinafter provided, shall be entitled to charge passengers, during the 

3 term of this ordinance, the following rates of fare, to- wit: 



December 4, 1732 ^g^g 

For a continuous trip in one general direction within the present or future 

5 limits of the City over its street railways covered by this ordinance, and all ex- 

6 tensions thereof (whether owned, leased, or operated by it), the sum of five 

7 cents for each passenger over twelve years of age, and three cents for each pas- 

8 senger over seven and less than twelve years of age. Children under seven 

9 years of age, accompanied by a parent or guardian, shall be permitted to ride 

10 free. Every such passenger may demand and shall receive from the conductor 

11 of the car upon which he first takes passage, or from some other authorized 

12 agent of the Company, a transfer. Said transfer shall entitle such passenger 

13 to ride upon any other line of street railway owned, leased, or operated by the 

14 Company which connects with, crosses, intersects, or comes within a distance of 

15 two hundred feet of the line upon which the passenger first took passage and paid 

16 his fare, except that south of Indiana street no transfers shall be accepted; but 

17 the payment of a single fare shall not entitle a passenger to reverse his general 

18 direction of travel. If necessary to enable a passenger to reach his destination, 

19 the conductor or other authorized agent of the Company shall issue a transfer 

20 upon a transfer the same as required by the payment of a cash fare without ad- 

21 ditional charge; the intention being that for a single fare the Company shall 

22 carry any passenger for a single continuous ride over any of the lines of street 

23 railway owned, operated or leased by it within the present or future limits of 

24 the City, so long as such ride is in the same general direction, although some 

25 of the lines necessary to be used by such passenger in arriving at his destina- 

26 tion intersect or cross one another, but the Company shall not be obliged to 

27 give a transfer to any passenger who can reach his destination by using a 

28 through car. In each instance, the transfer given to a passenger may designate 

29 the point or place of transfer, and the same must be used at such point or place 

30 within a reasonable time, not exceeding thirty minutes, after such point or 

31 place is reached by the car from which the passenger is transfered. A pas- 

32 senger upon any car unreasonably delayed through the fault, negligence or in- 

33 ability of the Company shall be entitled to receive a transfer to a ear upon the 

34 nearest line of the Company going in the same general direction as the delayed 

35 car. ^ 

Section 18. The Company shall accept and honor as fares transfers issued 

2 by any other corporation to passengers upon any line of street railway now 

3 operated by the E^ceivers of the Chicago Union Traction Company, or by the 

4 Chicago Consolidated Traction Company, which connects with any of said lines 

5 of the Company, under the same conditions and with like effect as though both 

6 lines of street railway were owned by the Company and the transfers Avere is- 

7 sued under the provisions of Section 17 of this ordinance, upon condition that 

8 the corporation issuing such transfers will accept and honor at such transfer 

9 points upon its street railway lines transfers issued by the Company to its 

10 passengers; but this privilege shall not apply to any connecting points south 

11 of Indiana street. The said proposed arrangement contemplates that, in 

12 every instance, the street railway company accepting any such transfer shall 

13 give to the passenger presenting it the same accomodations and the same 

14 transfers, if requester, to its other line or lines as such passenger would be en^ 

15 titled to receive if he had paid a cash fare. 

The City Council will, by ordinance with appropriate penalties, provide 

16 against the abuse of street railway transfer privileges by sale, barter, gift, or 

17 otherwise. 

The street railway companies interested, acting in conjunction or separately. 



December 4, 



1733 1905 



18 may from time to time adopt reasonable rules and regulations, not inconsistent 

19 with the provisions of this ordinance, for the transfer of passengers as provided 

20 for herein and for the prevention of the fraudulent use of transfer privileges. 

Section 19. The Company will co-operate with any corporation or corpora- 

2 tions operating the street railway lines now controlled by The Chicago City 

3 Railway Company, and also with any corporation or corporations operating 

4 the street railway lines of the West Chicago Street Railroad Company 

5 and of the Chicago Passenger Railway Company, now operated by the 

6 Receivers of the Chicago Union Traction Company, in establishing and main- 

7 taining through lines of cars over the street railway lines of the Company and 

8 the street railway lines of the said corporations which shall carry passengers 

9 from the north division of the City to the other two divisions of the City 

10 through the business district south of Indiana street for a single fare. As 

11 many cars shall be operated upon said through lines as the traffic shall war- 

12 rant. 

The parties have agreed upon certain through routes which are particularly 

13 described in' "Exhibit C," attached hereto and made a part hereof. If the City 

14 secures the co-operation of the corporation or corporations operating the street 

15 railways now operated by the Receivers of the Chicago Union Traction Com- 

16 pany, The Chicago Consolidated Traction Company, The Chicago City 
ley.Raiiway Company, or any of them, the Company shall in co-operation 

17 with said corporation or corporations maintain and operate said 

18 through routes, respectively, if and so long as the traffic warrants as to 

19 each of them. If the companies, or any of them, operating said through routes, 

20 shall at any time wish to discontinue any of them, or if the City shall order 

21 additions made thereto, the test of the reasonableness of any such discontinu- 

22 ance or addition shall be whether the traffic warrants it. If the parties shall 

23 differ and fail to agree touching any such discontinuance or addition, such mat- 

24 ter of difference shall be referred to a board to be composed of the engineer of 

25 the City and an engineer appointed by the operating companies (and, if they 

26 fail to agree, a disinterested engineer selected by said engineers). In any such 

27 case, if the engineer of either party fails or refuses to act upon thirty days' 

28 written request, or if they fail to agree and for thirty days do not select such 

29 third engineer upon ten days' notice to the other either party may apply to the 

30 person who shall then be acting as Chief Justice of the Circuit Court of Cook 

31 County, Illinois, to appoint a disinterested engineer, to act on said board. 

32 Upon such applications, the said Chief Justice is herby empowered to make ap- 

33 pointments to said board. The decision by a majority of said board in writing 

34 shall be binding upon the parties. Its expenses shall be equally borne by them. 

And to carry out the establishment of the through lines provided for in this 

35 section, the Company will enter into a reasonable operating agreement with 

36 such other corporation or corporations whenever required by the City. Upon 

37 the establishment of through lines the transfer of passengers at the points of 

38 connection of the tracks of the two companies upon such streets may be dis- 

39 continued. 

Passengers upon such through cars, while traveling over the tracks of each 

40 Company, shall be entitled to the same facilities as to transfers as such Com- 

41 pany shall be required to give to its own passengers paying cash fares. 

The provisions of this ordinance are intended to define and determine the 

43 rights of passengers with reference to transfers, between the respective sys- 

44 terns of street railways of the Company, The Chicago City Railway Company, 



December 4, 1734 1905 

45 the North Chicago City Railway Company, the Chicago West Division Railway 

46 Company, the Chicago Passenger Railway Company, the West Chicago Street 

47 Railroad Company, the Chicago Union Traction Company and the Chicago Con- 

48 solidated Traction Company; and such rights shall be in no wise enlarged by 

49 reason of the street railway system herein described being operated by any 

50 lessee which is also the lessee of some other corporation or corporations, or by the 

51 provisions of any prior ordinance of the City. 

Section 20. This ordinance, and the rights and privileges hereby conferred 

2 upon the Company, are upon the further express condition that the Company 

3 shall (and by the acceptance hereof it agrees and obligates itself to) pay into 

4 the treasury of the City on the fifteenth day of January next ensuing after the 

5 taking effect of this ordinance, and thereafter yearly, on or before January 15th, 

6 so long as it shall receive and enjoy the rights and privileges by this ordinance 

7 conferred upon the Company, the percentages of the gross receipts, of every 

8 kind and character, however or by whomsoever derived from the operation of 

9 its street railway system during the preceding year, including receipts from 

10 all privileges exercised under this ordinance or other authority from the City, 

11 hereinafter specified, to-wit: For each of the first three years four and eight 

12 hundredths per cent.; for each of the next two years, six and eight hundredths 

13 per cent.; for each of the next ten years, eight and eight hundredths per cent.; 

14 for each of the remaining years of this grant, eleven and eight hundredths per 

15 cent. Provided, however, that all City license fees, if any, chargeable against 

16 or collected from the Company or its employes, and all franchise taxes, includ- 

17 ing so-called taxes on capital stock chargeable against or collected from the Com- 

18 pany, its lessor and its lessee, in any year, shall be deducted from the amount 

19 payable to the City as aforesaid for such year on the 15th day of January fol- 

20 lowing; it being understood and agreed that the amount produced by said per- 

21 centages, respectively, shall be the total aggregate amount payable by the 

22 Company, its lessor and its lessee, in each year by way of license fees, fran- 

23 chise taxes, and all other charges and taxes, except the regular taxes levied 

24 and assessed upon the tangible property of the Company, its lessor and its 

25 lessee. Provided, however, that the City reserves the right to, and it may at 

26 any time, commute the above mentioned percentages of said gross receipts, 

27 or any part thereof, into a reduction of the rates of fare herein prescribed; but, 
in any event, the Company shall continue throughout the term of this grant 
to pay into the City treasury any balance of such percentages, respectively, of 



28 
29 

30 said gross receipts not so commuted. 

Section 21. The Company shall forever indemnify and save harmless the 

2 City against and from all damages, judgments, decrees, costs, and expenses 

3 which the City may suffer, or which may be recoverable from or obtained 

4 against the City for or by reason of the granting of the privileges hereby con- 

5 ferred upon the Company or for or by reason of or growing out of or resulting 

6 from the exercise by the Company of the privileges hereby granted, or any of 

7 them, or from any act or acts of the Company, its servants or agents, under 

8 or by virtue of the provisions of this ordinance. 

And the Company shall, within the time limited for the acceptance of this 

9 ordinance, file with the City Clerk its bond to the City of Chicago, in the penal 

10 sum of Two Hundred and Fifty Thousand Dollars, conditioned that it will 

11 forever indemnify and save harmless the City, as aforesaid. Provided, how- 

12 ever, that the giving of said bond or the recovery of a judgment or judgments 



December 4, 1735 1905 

13 thereon by the City shall not be construed as measuring or limiting the liability 

14 of the Company to the City under any provisions of this ordinance. 

Section 22. The Company, on or before the 28th day of February in each 

2 year during this grant, shall file with the City Comptroller a report covering 

3 its gross receipts from operations for the year ending on the preceding 31st day 

4 of December; which report shall be in accordance with such forms and, in such 

5 detail as from time to time shall be agreed upon by the City Comptroller and the 

6 Company. The Comptroller shall have the right, at all times, to verify such 

7 reports by examination of the books of the Company, either himself or by other 

8 persons appointed by him. He shall also have the right at any time during 

9 the year in which an appraisement shall be had of the value of its property 

10 under any of the provisions of this ordinance to make an examination of the 

11 books of the Company, which examination may be made through persons ap- 

12 pointed or employed by him. 

Section 23. The Company, by the acceptance of this ordinance, expressly 

2 agrees with the City and obligates itself fully to comply with all of its terms 

3 and conditions throughout the period of time covered hereby. It further 

3 agrees with the City that in the event it its said lessee or assigns or its or 

4 their successor or successors, shall make default in the due observance or per- 

5 formance of any of 'the agreements or conditions herein required to be kept 

6 and performed by it, and if any such default shall continue for a period of six 

7 months (exclusive of all time during which it may be delayed or interfered 

8 with by unavoidable accidents, labor strikes, or the orders or judgments of any 

9 court of competent jurisdiction entered in any suit brought without its con- 

10 nivance) after written notice thereof to it from the City, then and in each and 

11 every such case the City, by its City Council, shall be entitled to declare this grant 

12 and all of the rights and privileges of the Company to maintain and operate a 

13 a street railway in any of the streets or public ways of the City to be for- 

14 feited and at an end. No such forfeiture shall operate to revive any of the 

15 rights or claims of the Company under and by virtue of any legislative act or 

16 acts which are surrendered and released by the Company by the terms of Sec- 

17 tion 30 hereof. Provided, however, that should the Company for the purpose 

18 of securing funds for necessary improvements and betterments to its tangible 

19 property or extensions of its lines, pledge or mortgage its street railway prop- 

20 erty, or any of the rights secured to it by this ordinance as security for the 

21 payment of its notes, bonds or other evidences of indebtedness maturing 

22 prior to the expiration of this ordinance and default thereon, such forfeiture of 

23 this grant from any violation by the Company of the provisions of this ordi- 

27 nance shall not prevent the pledgee or pledgees, mortgagee or mortgagees, from 

28 recovering by foreclosure or other legal process against all the tangible proper- 

29 ty of the^ Company funds so advanced. And, Provided, that any such notice of 

30 default by the Company shall also be given by the City to the trustee or mort- 

31 gagee of record in any trust deed or mortgage securing such indebtedness. 

Section 24. The City expressly reserves the right to intervene in any suit 

2 or proceeding brought by any person or corporation seeking to enjoin, restrain, 

3 or in any manner interfere with the Company in the doing of any work, 

4 called for by this ordinance, or in the observance or performance of any of the 

5 agreements or conditions herein provided to be kept or performed by the Com- 

6 pany, or in any foreclosure suit against it, and to move for a dissolution of 

7 such 'injunction or restraining order in such suit, in case it shall deem such suit 



December 4, 1736 ' 1905 

8 collusive or instituted with the connivance of the Company for the purpose of 

9 delay. 

Section 25. The Company shall, upon the order of the City Council of the 

2 City, extend its street car system in any street or public way in which lawful 

3 authority so to do shall be conferred upon it by a valid ordinance of the City. 

4 The Company shall, within a reasonable time after the passage of such or- 

5 dinance, construct such new street car tracks and appurtenances, and shall 

6 operate the same as a part of its system in conformity with the provisions of 

7 this ordinance. Provided, that the Company shall not be obligated hereby to 

8 construct and operate any new street railway tracks in any street or public 

9 way nearer any existing para,llel street railway tracks than one-half mile; nor 

10 unless, at the date of the passage of said ordinance, there shall be an average 

11 of at least one hundred and fifty families residing in each mile, within one- 

12 fourth of a mile of the street or public way, or portion thereof, upon which 

13 said new tracks are to be constructed, or at the same ratio for any shorter 

14 distance than one mile. And, Provided^ that the Company shall not be obli- 

15 gated hereby to construct more than three miles of double track railway, or 

16 six miles of single track railway, in any one calendar year during the term of 

17 of this grant. During the period of reconstruction, within the last one year of 

18 said term, or after the City has given notice of intention to purchase, as here- 

19 inafter provided, the Company shall not be obligated to construct any such ex- 

20 tension. Also, Provided, that the new lines required by this ordinance shall be 

21 built within the period of reconstruction aforesaid if licenses or franchises be 

22 gTanted therefor. Each of said lines shall be completed within one year after 

22 the ordinance therefor is passed unless a different period be fixed in the or- 

23 dinance. In no event shall such lines be considered in estimating the new track 

24 construction which may be required under this section. 

Section 26. The Company during the term covered by this ordinance shall 

2 not remove its principal office beyond the limits of the City. 

The Company shall not pledge or mortgage its street railway property, or 

4 any of the rights secured to it by this ordinance, as security for the payment of 

5 its notes, bonds or other evidences of indebtedness maturing at a later day 

6 than twenty years from the passage of this ordinance; the intention being that 

7 at the expiration of the term of this ordinance the Company shall be in a posi- 

8 tion to convey to the City, or to the licensee of the City, all of its street rail- 

9 way property free and clear of liens and incumbrances of any kind or character 

10 whatsoever, subject only to the provisions of Section 28 hereof in respect to ex- 

11 isting indebtedness. 

Section 27. The Company, by the acceptance of this ordinance, shall grant 

2 to the City, and the said North Chicago City Railway Company, the said Chi- 

3 cago Union Traction Company, the Receivers of the said Chicago Union Trac- 

4 tion Company and the Receivers of the Company, by their acceptances hereof, 

5 shall each grant to the City, and the City hereby reserves to itself the right, 

6 at such time as the City may elect after the expiration of ten years from date 

7 of the passage of this ordinance, to purchase for municipal operation only, dur- 

8 ing the unexpired portion of the term of the twenty years' grant given by this 

9 ordinance, all and every the property, real and personal, then comprising the 

10 going street railway of said corporations within the City reasonably required 

11 for its operation (including street paving done by them under requirements of 

12 city ordinances ) , the price to be paid therefor to be the then fair cash value of 

13 said real and personal property (exclusive of earning power and any franchise 



December 4, 



1737 1905 



14 value) for continuous use in the City for street railway purposes, plus the then 

15 fair cash value of all of the then unexpired rights of said corporations and every 

16 of them in the streets of the City existing at and prior to the date of the passage 

17 of this ordinance. The City, in the event that it shall elect to purchase the prop- 

18 erty of said corporations as aforesaid, shall give the Company a written notice of 

19 its intention to make such purchase at least one year (and not more than two 

20 years) prior to the time the purchase is to be made. The purchase price of said 

21 property shall be determined by appraisement, as follows: One appraiser shall 

22 be appointed by the City in such manner as the City Council shall direct, one 

23 shall be appointed by the Company, and a third shall be appointed by the two 

24 so selected. Either party may appoint its appraiser at any time after the giv- 

25 ing of such notice of intention and serve written notice of such appointment 

26 upon the other party. And such other party within thirty days of notice of 

27 such appointment shall appoint its appraiser and serve written notice of such 

28 appointment upon the other party; whereupon the two appraisers so appointed 

29 shall appoint a third appraiser, who shall not be a resident of Illinois. In the 

30 event that the party first receiving notice of the selection of an appraiser by 

31 the other shall fail to appoint an appraiser and give notice thereof, as above 

32 provided, or in the event that the two appraisers first appointed shall fail to 

33 agree upon the third appraiser within thirty days after notice of the appoint- 

34 ment of the second appraiser, either party, upon giving a written notice of ten 

35 days to the other party, may apply to the persons, who shall then be the 

36 Chief Justice of the Supreme Court of Illinois, and two judges (not residents 

37 of Illinois) of the Circuit Court of the United States for the circuit of which 

38 the Northern District of Illionis shall be a part for the appointment of an ap- 

39 praiser (such persons being and they are hereby empowered on such applica-- 

40 tions to make such appointments of appraisers hereunder), and any appraiser 

41 appointed by them or any two of them, the other if any having due notice, re- 

42 fusing or failing to act, shall have the same powers and duties as if regularly 

43 appointed as above provided. Such third appraiser shall not be a resident of 

44 the State of Illinois. 

The appraisers shall determine what tangible properties, real and personal, 

45 owned by said corporations and then used as a part of or in connection with the 

46 street railway system to be appraised, are reasonably required for its con- 

47 tinned operation; and, in determining the fair cash value of said property, they 

48 shall not take into consideration its earning power or the value of any fran- 

49 chise or license, but only its fair value for street railway purposes. They shall 

50 also determine the fair cash value of all then unexpired franchises, licenses and 

51 rights of said corporations in the streets of the City existing at and prior to 

52 the date of the passage of this ordinance (and which franchises, licenses and 

53 rights shall, for the purpose of such valuation, be treated and considered as 

54 being wholly unaffected by any of the provisions of this or any subsequent ordi- 

55 nance or anything done thereunder, unless otherwise expressly agreed), but shall 

56 not take into account any franchise or rights in the streets of the City acquired 

57 under the provisions of this ordinance or any subsequent ordinance passed by 

58 the City. The two amounts so ascertained shall be added together and the 

59 sum or amount thus found shall be the purchase price to be paid to the said 

60 corporations upon the purchase of said property by the City under this section 

61 of this ordinance. An award in writing signed by a majority of the appraisers 

62 shall be valid and binding on the parties. Each party shall pay its own ex- 

63 penses of such appraisement and one-half the compensation and expenses of the 

64 third appraiser. Provided, that if the City shall fail to pay or deposit the 



December 4, 1738 ' 1905 

65 appraised price, as hereinafter specified, within fifteen months after the an- 

66 nouncement of the appraisement by the appraisers in writing, said appraise- 

67 ment shall become and be null and void and of no effect. 

If the City shall not purchase the said property under the said appraisement, 

69 it shall have the right, at any time after the expiration of three years from 

70 the date of its election not to purchase said property under said first appraise- 

71 ment, to cause a second appraisement of said property to be made in like man- 

72 ner as is above provided for the making of said first appraisement, and to 

73 purchase said property at said second appraised price within fifteen months after 

74 the same shall have been fixed as aforesaid; and if the City shall elect not to 

75 purchase said property at said second appraised price, it shall have the right, at 

76 any time after the expiration of three years from its election not to purchase 

77 said property under said second appraisement, to cause a third appraisement 

78 of said property to be made in like manner, and to purchase said property at 

79 the price fixed by said third appraisement within fifteen months after the same 

80 shall have been fixed as aforesaid. 

The procedure in determining the property to be taken and the price to be 

82 paid therefor shall be the same in each case as is herein provided in regard to 

83 the first appraisal. 

The City shall pay to the Company, upon demand, the whole of its costs and 

85 expenses arising or growing out of the making of any appraisement under which 

86 the City shall fail to purchase said property within fifteen months after such 

87 • appraisement shall have been made, including all attorneys' fees paid by it in 

88 connection therewith. 

The City on payment of the appraised price, in the manner in Section 28 

90 herein provided, at any time within fifteen months after the said appraised 

91 price shall have been finally ascertained and determined as aforesaid, shall be 

92 entitled to the immediate possession and control of said appraised property; 

93 and all and every the rights and privileges of the said corporations and every 

94 of them of every kind and nature in the streets and public places of the City 

95 in and to said appraised property shall thereupon absolutely cease and be at 

96 an end; and the aforesaid corporations and each of them shall thereupon convey 

97 to the City all of the property included in said appraisement by good and 

98 sufficient instruments in writing. 

The right of the City to purchase said property under the provisions of this 

100 section is expressly limited to the right to acquire the same for the purposes 

101 of operation by the City for its own benefit during the unexpired portion of the 

102 term of the twenty year grant given by this ordinance; and it is expressly 

103 understood and agreed that the City shall not have the right under this section 

104 to acquire the street railways or other property of said corporations for the 

105 purpose of leasing the same or permitting the same to be operated otherwise 

106 than by the City during the unexpired portion of said grant of twenty years. 

SECTiOiSr 28. The Company, by the acceptance of this ordinance, shall grant 

2 to the City, and the said North Chicago City Railway Company, the said Chi- 

3 cago Union Traction Company, the Receivers of the said Chicago Union Traction 

4 Company and the Receivers of the Company, by their acceptances hereof, shall 

5 each grant to the City, and the City hereby reserves to itself, and to any per- 

6 son, firm or corporation designated by it (hereinafter for brevity referred to as 

7 the "licensee" of the City), the right, at the expiration of the grant made by 

8 this ordinance, to purchase all and every the property, real and personal, then 



December 4, 1739 1905 

9 comprising the going street railway system of said corporations within the City 
10 and reasonably required for its operation, including all property, real and per- 
il sonal, of the North Chicago City Railway Company and the Chicago Union Trac- 

12 tion Company (including, also, street paving done by them under requirements 

13 of city ordinances) at its then fair cash value (exclusive of earning power and 

14 any franchise value) for continued use in the City for street railway purposes. 

The City, in the event that it shall desire to purchase or cause its licensee 

16 to purchase the property of the companies as aforesaid, shall give the Com- 

17 pany a written notice of its intention to make, or cause its licensee to make, 

18 such purchase at least one year (and not more than two years) prior to the 

19 expiration of the grant hereby made. The purchase price of said property 

20 shall be determined by appraisement, made by appraisers selected in the same 

21 way as is provided for the selection of appraisers in Section 27 of this ordi- 

22 nance. The appraisers shall determine what tangible properties, real and per-. 

23 sonal, are then used as a part of or in connection with the street railway system 

24 to be appraised, and in determining the fair cash value of said property they 

25 shall not take into consideration its earning power or the value of any franchise 

26 or license, but shall allow for the property its fair cash value for street railway 

27 purposes. An award in writing signed by a majority of the appraisers shall be 

28 valid and binding on all the aforesaid parties. 

The purchase price so ascertained shall be deposited by the City, or its licensee, 

30 in some responsible bank or trust company in the City of Chicago, to be named 

31 by the Company (or by the City, if the Company shall on request fail or 

32 neglect to name such bank or trust company ) , in trust for the benefit of the 

33 aforesaid companies and their respective mortgagees, as their respective inter- 

34 ests may appear. Provided, however, that the City may deduct from such pur- 

35 chase price the then face amount of any and all indebtedness secured by mort- 

36 gage upon any or all of the property so appraised, and, in that case, shall take 

37 said property subject to such mortgage indebtedness. And to the end that there 

38 may be no question but that the value of the tangible property of said corpora- 

39 tions, at the end of said term of twenty years, shall be more than sufficient to 

40 discharge all of said mortgages, they, during the term of this grant, shall pro- 

41 vide and maintain a sinking fund sufficient in amount to discharge, at or prior 

42 to the expiration of said term of twenty years, all bonds or mortgages that 

43 may be given to secure funds for existing indebtedness or the necessary im- 

44 provements and betterments to their tangible property or extensions to their 

45 lines, provided for by this ordinance, so that, without any increase of the pres- 

46 ent mortgage indebtedness of said corporations, at the end of said term of 

47 twenty years there shall be added to their present tangible property all the 

48 improvements, betterments and extensions provided for in this ordinance, or 

49 in "Exhibit B" attached hereto. 

The giving of notice by the City of its intention to purchase (or cause to be 
51 purchased) the property of the aforesaid corporations as aforesaid shall non- 
52 stitute and operate as a contract obligating the City either: (a) To purchase 

53 the street railway system so to be appraised at the price fixed by the apprais- 

54 ment; or (b) to require the licensee or grantee in any ordinance of the City 

55 authorizing the operation of a street railway in the streets or parts of streets 

56 occupied by the street railway system of said corporations to purchase the 

57 street railway system so to be appraised at the price fixed by the appraisement; 

58 and by said contract the aforesaid corporations shall be obligated to convey, 

59 by good and sufficient instruments in writing, to the City or to its licensee. 



o 



December 4, 1740 1905 

60 all said property when appraised and paid for by the deposit of the appraised 

61 price as hereinabove in this section provided. The purchaser, on deposit of 

62 the appraised price aforesaid, upon the conditions aforesaid, shall be entitled 

63 to the immediate possession and control of said appraised property; and all 

64 and every the rights and privileges of the aforesaid companies and each of them 

65 of every kind and nature in the streets and public places of the City, and in 

66 and to said appraised property, shall thereupon absolutely cease and be at an 

67 end; and the aforesaid corporations and each of them shall thereupon make 

68 the conveyances aforesaid. 

Section 29. The City, realizing that the need of .uninterrupted street rail- 

2 way service in the streets and parts of streets occupied by said corporations 

3 will continue after the termination of this grant, and that their said street 

4 railway system ought to be used to render such service, intends by this ordi- 
nance to create conditions which at the expiration of said term of twenty years 
will secure to the City (in addition to its right to make to the Company another 

7 grant for such time and upon such terms as may then be agreed upon by the 

8 parties) the right and opportunity: 

(a) To purchase the said street railway system; or 

(b) To cause its licensee to purchase said street railway system. 

The City, in the event that it shall not exercise its said reserved right to 

12 purchase and take over the said street railway system at the expiration of the 

13 term hereby granted, and shall grant to any other person, firm or corporation 

14 the right or license to operate a street railway in the streets or parts of streets 

15 then occupied by the Company under this ordinance, agrees to provide and 

16 require, in any ordinance granting such right or license to such other persons, 

17 firm or corporation, that said licensee shall purchase and take over the said 

18 street railway system upon the same terms that the City might then have 

19 purchased and taken it over under the terms of this ordinance. 

If the City shall neither exercise its said reserved right to purchase the said 

21 street railway system nor cause its licensee to exercise such right of purchase, 

22 but shall make a new grant to the Company upon terms then to be agreed 

23 upon, in considering such new grant the then fair cash value of the tangible 

24 property comprising the said street railway system (exclusive of any earning 

25 power or franchise value) shall be taken as the value of the then investment 

26 of the aforesaid corporations, regardless of the face or market value of their 

27 stocks, bonds or other forms of capitalization. 

Section 30. The Company, the North Chicago City Railway Company, the 

2 Chicago Union Traction Company, the Receivers of said Chicago Union Trac- 

3 tion Company and the Receivers of the Company, in consideration of the grant 

4 made to the Company by this ordinance upon the terms and conditions in this 

5 ordinance expressed, each agrees to waive, surrender and release, and by the 

6 acceptance of this ordinance each of the said parties waives, surrenders and 

7 releases all and every its and their rights and claims of every kind and nature 

8 in the streets of the City under and by virtue of all legislative acts of the 

9 State of Illinois and of the City, and particularly under and by virtue of the 

10 Act of the General Assembly of the State of Illinois of February 6, 1865, com- 

11 monly known as the "Ninety-nine Year Act"; to the end that the grant made 

12 to the Company and the rights sought to be conferred upon it by this ordinance, 

13 including the right to charge the fares herein provided for during the con- 

14 tinuance of this grant, and the right to receive the fair cash value of the 



December 4, 



1741 1905 



15 tangible property aforesaid in the event of purchase by the City or its licensee, 

16 as aforesaid, shall be held by it in lieu of all grants and rights and claims of 

17 rights of said companies and parties, or either of them, in the streets of 

18 Chicago, from or through whatsoever source the same may have been derived 

19 or heFd,' including all prior ordinances and legislative acts of every kind and 
character. Provided, that the waiver and surrender herein by said companies 
of their respective rights and claims under the said legislative acts are upon 
the express condition and agreement that the Company shall have and enjoy 

■^o the riohts conferred bv this ordinance; and, if the City, prior to the expira- 

24 tion of twenty years from the passage of this ordinance, shall acquire from the 

25 aforesaid corporations their aforesaid railway system by condemnation pro- 

26 ceedings or appraisement, just compensation for the then value of such street 

27 rights, if any, as the aforesaid corporations, or any of them, acquired under 
98 and by virtue of said prior ordinances and legislative acts, shall be allowed in 

29 said proceedings, or appraisement, precisely as if this waiver and surrender had 

30 not been made. 

Section 31. The Company shall lower the tunnel under the Chicago River 
9 in LaSalle street for its entire width to such a depth that the summit of its 

3 crown shall be twenty-six feet below the base or datum of city levels; such 

4 work to be begun immediately upon the passage of this ordinance, and to be 

5 finished in compliance with the Act of Congress relating thereto, and to be 

6 done in accordance with plans and specifications to be approved by the Com- 

7 missioner of Public Works; said tunnel, when so lowered, to be used for its 

8 entire width for a roadway only; and the Company shall, at its own expense, 

9 pave the said tunnel anl maintain and keep the same paved and in good order, 

10 and shall, at like expense, keep it clean, dry and well ventilated The^ rails 

11 used in the said tunnel shall be of a kind commonly known as the i rail, 

12 and they shall be laid subject to the direction and approvalof the Commissioner 

13 of Public Works. 

The cost of the reconstruction work of the Company in said tunnel in LaSalle 

15 street and its approaches being in the nature of a rental for the use thereof 

16 for the term of this ordinance, the Company shall not be entitled at the expira- 

17 tion of said term of any compensation therefor; but if the City shall exercise 

18 its option, provided for in said Section 27 hereof, to purchase the property of 

19 the Company after ten years and before twenty years from the passage of 
90 this ordinance, and shall continue to use said tunnel and its approaches for 
21 street railway purposes, it shall pay such part of the cost of said recon- 
29 struction work as the remainder shall then bear to the whole of said term of 



23 twenty years. 

Durino- the time that said tunnel shall be under reconstruction and repair the 

25 Companv shall have permission and authority to operate its cars (now opei- 

26 ated through said tunnel) over and upon the bridges across the North Branch 
- of the Chicago River, and upon and over its terminals in the south division 

of the Citv, and may operate electrically, as hereinbefore in this ordinance 



28 



29 provided, its cars now operated by cable, and to that end may make such 

30 chanoes in connections, cross-overs and track arrangement as it shall deem 

31 necessary; subject, however, to the direction and approval of the Commissioner 

32 of Public Works. 

Section 32. The street railway system covered by this grant is now in the 
2 possession and occupancy of the Receivers of the said Chicago Union Traction 



December 4, 1742 190& 

3 Company, the lessee of the Company, and the benefits granted and the obliga- 

4 tions imposed by this ordinance shall inure to and be binding upon the Com- 

5 pany and its lessee and assigns, whether present or future, and whether the 

6 rights pass by act of the parties in interest or by operation of law. 

Section 33. The Chicago Consolidated Traction Company, by filing its 

2 acceptance of this ordinance within the time limited in the following section 

3 hereof, shall agree, and by such acceptance it does agree, in consideration of 

4 the benefits which will accrue to it from this settlement between the City 

5 and the Company of their existing differences, to accept and be bound by all 
. 6 the terms of this ordinance which in any way affect its interests. It so agrees 

7 to co-operate with the Company and its associates in maintaining through 

8 routes over parts of its lines, as set forth in "Exhibit C" attached hereto, 

9 including such changes in said through routes as may be made under the 

10 provisions of Section 19 hereof. It also, by its said acceptance of this ordi- 

11 nance, shall agree, and by such acceptance it does agree, to continue during 

12 the term of this ordinance to grant and receive transfers for the transfer of 

13 passengers between its lines and the lines of the Company within the city 

14 limits, as at present; to the end, that any passenger using its lines and the 

15 lines of the Company may make a continuous trip in the same general direction 

16 over said lines within the present or future limits of the City at any time 

17 during the term of this ordinance upon the payment of a single fare. If the 

18 City shall exercise its right of purchase, after ten years and before twenty 

19 years from the passage of this ordinance, under Section 27 hereof, the said 

20 Chicago Consolidated Traction Company by its said acceptance shall agree, 

21 and by such acceptance it does agree, thereafter within said period to co-operate 

22 with the City in maintaining said through routes and in transferring pas- 

23 sengers as aforesaid between their respective lines. Provided, that nothing in 

24 this ordinance contained shall operate to decrease, enlarge or extend any of the 

25 rights of said Chicago Consolidated Traction Company and its constituent cor- 

26 porations, respectively, under their existing licenses or franchises. 

Section 34. The enumeration herein of special requirements and specific 

2 regulations shall not be taken or held to imply the relinquishment by the 

3 City of its power to make other requirements or regulations as to matters 

4 not specifically covered by the provisions of this ordinance; and the City 

5 hereby expressly reserves the right to make all and every such regulations as 

6 may be necessary to secure, in the most ample manner, the safety, welfare 

7 and accommodation of the public, including among other things the right to 

8 regulate the laying down of tracks, the character of rails to be used to replace 

9 worn-out rails specifically required by this ordinance, the right to pass and 

10 enforce ordinances to protect the public from danger or inconvenience in the 

11 management and operation of street railways throughout the City, and the 

12 right to make and enforce all such regulations as shall be reasonably neces- 

13 sary to secure adequate and sufficient accommodations for the people and 

14 insure their comfort and convenience. 

The City Council may vest any or .all matters of administration under this 

16 ordinance, including such thereof as are herein vested in the Mayor and other 

17 officials named, in a department or bureau of local transportation, in its engi- 

18 neer, or in any other official or employee. 

Section 35. This ordinance shall be binding upon the lessors and lessee, 

2 the successor or successors and the assigns of the Company, and they and each 

3 of them shall be bound by all and every its provisions by the Company to be 



December 4, 



1743 1905 



4 kept and performed, precisely as if in every case they had", respectively, been 

5 named herein with the Company. 

Section 36. This ordinance shall take effect and be in force from and after 

2 its acceptance by the Company, the North ■ Chicago City Railway Company, 

3 the Chicago Union Traction Company and the Chicago Consolidated Traction 

4 Company, under their respective corporate seals, and by the Receivers of the 

5 Company and the Receivers of the Chicago Union Traction Company. Pro- 

6 vided, that, if the Company shall not file with the City Clerk the penal bond 

7 hereinabove mentioned, and the formal acceptances, as aforesaid, of this ordi- 

8 nance, and of all of its terms and conditions within ninety days from the 

9 passage hereof, together with properly certified copies of resolutions of the 

10 respective Boards of Directors of said companies authorizing and empowering 

11 said companies to accept this ordinance and the provisions hereof, and together 

12 with properly certified copies of orders of the United States Circuit Court fox 

13 the Northern District of Illinois, whereby said Receivers shall be authorized, 

14 empowered and directed to accept this ordinance and the provisions hereof, 

15 then all rights and privileges hereby granted shall be wholly null and void 

16 and of no effect. 



NORTH CHICAGO STREET RAILROAD COMPANY— EXHIBIT A. 

SCHEDULE OF STREETS UPON WHICH SHALL BE MAINTAINED AND OPERATED TRACKS 
NOT EXCEEDING TWO, EXCEPT WHERE OTHERWISE NOTED. 

Alley, first public alley lying west of Clark street and between Clark street and 
Orchard street, running northerly from Sherman place : from at or near Sher- 
man place to north end of said alley. 
Alley, first north- and- south public alley west of Sheffield avenue, lying between 
Wrightwood and Lill avenues: from Wrightwood avenue to Lill avenue. Sin- 
gle track. 

Ashland avenue, from Belmont avenue to Graceland avenue. 

Belden avenue, from Racine avenue to Clifton avenue. 

Belmont avenue, from Lincoln avenue to Robey street. 

Center street, from Clark street to Lincoln avenue. 

Center street, from Lincoln avenue to Racine avenue. Single track. 

Chicago avenue, from Clark street to Milwaukee avenue. 

Chicago avenue, from Clark street to St. Clair street produced north. 

Chicago avenue, from St. Clair street (produced north) to a new north and south 
street to be opened east of St. Clair street to make connection with the line 
on said new street hereinafter described, provided, that the Company shall 
not be obliged to build this last mentioned line on Chicago avenue within five 
(5) years from the date of passage of the accompanying ordinance, nor there- 
after until so directed by the City Council. 

Clark street, from Washington street to Devon avenue. 

Clybourn avenue, from Division street to Belmont avenue. 

Dearborn street, from Kinzie street to Polk street. 

Division street, from State street to Milwaukee avenue. 

Evanston avenue, from Diversey boulevard to Irving Park boulevard. 

Fifth avenue and Wells street, from Randolph street to Clark street. 

FuUerton avenue, from Lincoln avenue to Milwaukee avenue. 

Garfield avenue, from Lincoln avenue to Racine avenue. Single track. 



December 4, 1744 1905 

Grand avenue, from middle of north branch of Chicago River to Halsted street. 

Irving Park boulevard, from Evanston avenue to Ashland avenue. 

Halsted street, from middle of north branch of Chicago river to Evanston avenue, 
connecting over Evanston avenue and Halsted street with Irving Park boule- 
vard. 

Illinois street, from Clark street to Wells street. 

Illinois street, from Wells street to Market street. Single track. 

Indiana street, from State street to middle of north branch of Chicago river. 

Indiana street, from State street to St. Clair street. 

Indiana street, from St. Clair street to a new north and south street to be opened 
east of St. Clair street, thence northerly on said new street to Chicago avenue, 
provided, that the Company shall not be obliged to build said last mentioned 
line on Indiana street and said line on said new street within five (5) years 
from the passage of the accompanying ordinance nor thereafter until so directed 
by the City Council. 

Kinzie street, from State street to Market street. 

Larrabee street, from Chicago avenue to Lincoln avenue. 

LaSalle avenue and LaSalle street, from Illinois street through LaSalle street tun- 
nel to Adams street. 

Lincoln avenue, from Center street to Belmont avenue. 

Market street, from Kinzie street to Chicago avenue. 

Market street, from Chicago avenue to Division street. Single track. 

Michigan street, from State street to Clark street. 

Michigan street, from Wells street to Market street. 

Monroe street, from Franklin street to LaSalle street. 

Monroe street, from LaSalle street to Dearborn street. 

Monroe street, from Dearborn street to State street. 

North avenue, from Clark street to Milwaukee avenue. 

Racine avenue, from Clybourn avenue to Fullerton avenue. Single track. 

Randolph street, from Dearborn street to LaSalle street. One track. 

Robey street, from Belmont avenue to Roscoe boulevard. 

Roscoe boulevard, from Robey street to Western avenue. 

Sedgwick street, from Chicago avenue to Division street. Single track. 

Sedgwick street, from Division street to Center street. 

Sheffield avenue, from Lincoln avenue to Clark street. 

Southport avenue, from Clybourn place to Clark street. 

State street, from Lake street to Division street. 

St. Clair street, from Indiana street to Superior street. 

St. Clair street (produced north), from Superior street to Chicago avenue, to be 
built when said part of St. Clair street shall be opened. 

State street, from Harrison street to Polk street, an additional track to be laid 
to the west of and parallel to the double track of the Chicago City Railway 
Company on said street between said points. 

Webster avenue, from Lincoln avenue to Racine avenue. Single track. 

Wrightwood avenue, from Lincoln avenue west to thirty- three (33) feet west of 
first north- and- south alley west of Sheffield avenue. 

LOOPS. 

From Clark street with a single track on Dewey court and private property and 
with not exceeding two tracks along the alley running northerly from Sherman 
place between Clark and Orchard streets, from at or near Sherman place to the 
northerly extremity of said alley; with convenient curves, switches and connections 



December 4, 



1745 1905 



from the main tracks on said Clark street and said track and tracks on Dewey 
court and said alley to private property to compose suitable loops and connections 
for handling cars. 

¥tom Lincoln avenue west on Wrightwood avenue to a point thirty-three (33) 
feet west of the first north-and- south alley west of Sheffield avenue, with track 
along said alley from Wrightwood avenue to Lill avenue, and with curves and 
tracks from said tracks to the Company's property east and west of said alley. 

From Sheffield avenue, north of Lincoln avenue, over property belonging to the 
Company to Lincoln avenue. 

EXHIBIT B. 
NOETH CHICAGO STREET RAILROAD COMPANY. 
Specifications for Reconstruction and Extensions, 
in general. 
The intention of these specifications is to cover, in a general way, the character 
and scope of the work to be undertaken and carried out by the North Chicago 
Street Railroad Company in the improvement of its property to such an extent 
that the Company will be able to render to the citizens of Chicago the quality and 
kind of service contemplated by the accompanying ordinance. 
underground conduit construction. 
All the underground conduit construction provided for in the ordinance herewith 
shall conform to the following general specifications: 

rails. 
The rails shall be of steel, shall be not less than nine (9) inches in height, shall 
weigh not less than one hundred twenty (120) pounds per yard, and shall be of the 
"Trilby" type, in which when new, the difference between height of lip and tread 
shall not be less than three thirty-seconds (3/32) of an inch, or more than six 
thirty-seconds (6/32) of an inch, and the depth of the groove below the head of 
the rail, when new, shall not be more than one and one-quarter (li/4) inches. 

slot rails. 
Slot rails shall be of the "Z" form, made of steel, shall weigh not less than fifty- 
seven (57) pounds per yard, and shall be suitably joined by means of bolts and 
splices. 

CONDUCTOR BARS. 

Conductor bars shall be of the "T' section, made of steel, shall weigh not less 
than twenty-one (21) pounds per yard, shall be supported upon suitable insulators 
spaced not more than fifteen (15) feet apart, and shall be -joined together In such 
a manner as to properly carry the electric current without excessive leakage. 

JOINTS. 

All rail joints shall be either cast welded, electrically welded, or of a type which 
will give an equally smooth and even joint. 

CAST iron yokes. 

The yokes shall be of cast iron properly spaced not more than five (5) feet 
center to center, and shall weigh not less than four hundred fifty (450) pounds 
eachi 

GENERAL CLAUSE. 

The above rails and yokes shall be supported upon and carried in a concrete 



December 4, 1746 1905 

roadbed of sufficient strength to sustain the surface load, and provided with man- 
holes and vaults, properly connected with the city sewers and spaced close enough 
together to effectively drain the conduits carrying the working conductors and 
the conduits carrying the feeder and transmission system. 

The rails shall be joined to the yokes by means of suitable bolts and lock nuts, 
and to the slot rails by means of suitable tie bars properly spaced, and m such 
a manner that they will preserve the opening between the slot rails so that it 
shall not exceed seven-eighths ( % ) of an inch. 

At all points where the working conductor is carried upon insulators, there 
shall be provided a suitable cast-iron frame and cover .of sufficient size to provide 
easy access to the insulator. All man-holes, sewer connections and other open- 
ings exposed to the street surface shall be provided with suitable cast-iron frames 
and covers, which, together with the frames and covers for the insulators, shall 
be of ample strength to effectually resist the strains imposed upon them by the 
heaviest street loads. 

SPECIAL WORK. 

At all points of intersection of the tracks of the Company with its own tracks 
or with the tracks of other companies, there shall be provided suitable steel special- 
work of ample strength and weight to correspond with the rails to which it con- 
nects. The frogs, switches and mates shall be provided with wearing plates of 
hardened steel; and in no case shall rails used in the special- work be of less 
weight per foot than the weight of the rails to which they join. All special- 
work and curves shall be laid in concrete in the same general manner required for 
straight-line track. 

PITS AND TERMINALS. 

At all points where the underground conduit construction terminates and over- 
head construction begins, the Company shall construct suitable pits underneath 
the tracks of ample size to provide for the removal or the adjustment of the plows 
attached to the cars. These pits shall be built of brick, concrete or masonry in a 
thoroughly substantial manner, and shall be of ample strength to effectually resist 
the heaviest traffic of the streets in which they are laid; it being understood that 
the construction of these pits shall interfere as little as practicable with the use 
of the streets for general traffic purposes at the points where the pits are built. 

The Company shall also provide suitable plow-hatches, spaced with sufficient 
frequency to preserve regular and uninterrupted operation of the cars; it being 
understood that these hatches except at special-work shall not be closer than two 
thousand (2,000) feet apart. 

All covers, man-holes, hatches, pits, conduits, etc., shall be maintained in good 
order by the Company, and in such a manner as not to interfere with street traffic. 

PAVING. 

Paving to be laid in connection with underground conduit construction shall 
conform to the following detailed specifications: 

Granite paving blocks shall be used having a uniform grain and texture, with- 
out lamination or stratification, and free from an excess of mica or feldspar. Said 
blocks shall measure from three and one-half (3%) to five and one-half (Si/g) 
inches in width, from seven (7) to eleven (11) inches in length (except that 
shorter stones may be used to break joints), and not less than five (5) inches in 
depth. They shall be so dressed as to have substantially rectangular plane sur- 
faces, so that when in place the joints at the ends and sides shall average one- 
quarter (14) inch in width. Soft or weather-worn stones obtained from the 



December 4, 



1747 1905 



II 



surface of the quarry, and stones which wear to a polish unler traffic shall not 
be used. All blocks shall be laid in uniform courses across the roadway and 
the space between the blocks, when in place, shall in no case be less than one- 
eighth (i/s) of an inch nor more than three-eighths {%) of an inch in width. 
Each course shall consist of blocks of the same width. They shall be so laid 
that all longitudinal joints shall be broken by a lap of approximately three (3) 
inches. The spaces shall be immediately filled to within two (2) inches of the 
top of the blocks with dry gravel free from loam and dirt, and the blocks rammed 
to a true surface and firm bed with a seventy-five (75) pound rammer of ap- 
proved shape. No cracked or chipped blocks shall remain in the pavement. After 
ramming, the spaces between the blocks shall be completely filled with a pav- 
ing pitch made by the distillation of "straight run" coal tar and of such quality 
and consistency as shall be approved by the Commissioner of Public Works. The 
pitch shall be used at a temperature of not less than two hundred eighty degrees 
(280°) Fahrenheit and be spread in such quantity as to apply two (2) gallons 
to each square yard of pavement. The spreading shall be done in sections if the 
Commissioner of Public Works so directs. 

OVERHEAD ELECTRIC CONSTRUCTION. 

All cable track of the Company shall be reconstructed and converted into electric 
track, and all cable track not designated for underground conduit construction 
shall 'be provided with overhead electric construction conforming to the follow- 
ing general specifications, which shall also apply to the reconstruction of any of 
the present tracks to be operated by electric power from overhead construction 
and to all additional tracks or extensions to be so operated. 

RAILS. 

On all said streets or portions thereof where granite, asphalt or brick pave- 
ment is laid upon a concrete foundation, a Trilby rail of the section used for 
underground conduit construction, weighing not less than one hundred twenty 
(120) pounds per yard shall be laid, but a girder type of rail not less than 
seven (7) inches in height and weighing not less than eighty-five (85) pounds 
per yard, having a tram of not less than two and three-quarters {2%) inches, 
may be used on the streets or portions thereof not so paved, provided the differ- 
ence in elevation between the head of the rail and the wagon tread is not more than 
one and one-quarter (I14) inches when the rail is new, and provided further that 
at such times as the streets on which the girder rail is laid are paved with 
granite, asphalt, brick, creosoted block or other similar material on concrete 
foundation the Company will substitute Trilby rails of the section used for under- 
ground conduit construction, weighing not less than one hundred twenty (120) 
pounds per yard, of the above mentioned type, but the Company shall not be 
compelled on account of the paving or repaving of any street to remove good, 
serviceable rails before being worn out. All rails used in the tunnels and on 
the approaches may be "T" rail weighing not less than seventy (70) pounds per 
yard. 

JOINTS. 

Same as given for underground conduit construction, except that the point used 
must be one which will provide a carrying capacity for the electric current equiva- 
lent to the carrying capacity of the rail itself. 

FOUNDATIONS. 

The rails shall be laid upon concrete beams, wooden ties, steel ties or cast- 



December 4, 1748 ^^^g 

iron chairs or in any other form of first-class modern approved street railway 
track construction. 

PAVING. 

The paving in all cases where the said streets or portions thereof are paved 
with granite, asphalt or brick pavement on a concrete foundation shall comply 
with the detailed specifications for granite block pavement, as above. If such 
street paving alongside of tracks shall be asphalt pavement the rails shall be 
lined on the outside with a ribbon of such granite pavement twelve (12) inches 
wide. 

BONDING AND CKOSS-BONDING. 

In case the rails are joined by any other form of joint than a cast-welded or 
electrically-welded joint, there shall be some form of bond used which will con- 
nect the ends of the rails together in such manner that the conductivity of the 
joints shall be equal to the conductivity of the rail. The rails of each single 
track and the inside rails of the double track of all tracks having overhead electric 
construction shall be connected together by cross -bonds of No. 2/0 (B. & S. gauge) 
copper wire, spaced not more than one thousand (1,000) feet apart, and prop- 
erly secured to the rails in such manner that the full conducting effect of the 
wire may be utilized. The rails shall be so bonded or joined and such return 
circuits and other necessary devices installed as to reasonably and effectually pre- 
vent damage from electrolysis. 

OVERHEAD CONSTRUCTION. 

All new overhead construction shall consist of one (1) trolley wire suspended 
over each track by span wires attached to poles set at the curb line or suspended 
from brackets attached to poles. 

Poles shall be of iron or steel, weighing approximately nine hundred (900) 
pounds each, set in concrete and kept thoroughly painted. They shall be spaced 
on an average of from one hundred ten (110) to one hundred fifteen (115) feet 
apart for straight track except at street intersections, and so not to obstruct 
cross streets, alleys or private driveways. The location of poles shall be deter- 
mined by the Commissioner of Public Works. 

All material used in the overhead construction shall be of the most modern 
type and shall be capable of sustaining all the weights and strains that come upon 
it under normal conditions of operation and from wind, sleet and ordinary accidents. 

The trolley wires shall be No. 2/0 (B. & S. gauge) hard-drawn copper. Phosphor 
bronze, silicon bronze or other material equal in strength and conductivity may also 
be used. Trolley wires* shall be suspended not less than eighteen and one-half 
( 181/2) feet above the rails. There shall be at least two (2) insulations between 
the trolley wire and the supporting pole. Span wires shall be galvanized steet. 

All feeder wires not required by the accompanying ordinance to be placed under 
ground shall be suspended by insulators upon said poles supporting said trolley 
wires or upon poles placed at the side of streets, alleys or other public ways in 
locations to be approved by the Commissioner of Public Works. These wires and 
poles shall be so situated that the Company may make conveniently all the con- 
nections provided for in Section 4 of said ordinance". The said trolley wires, feeder 
wires and all other wires authorized by said ordinance to be installed by the 
Company, may, where located in streets, alleys or other public ways, in, along 
or across which are located railroads elevated above the surface of the streets 
be strung upon or from the structures of such railroads, with the consent of the 
company owning or operating the same. Said wires shall be attached to said 
structures and maintained under the supervision of the City Electrician. 



December 4, 1749 1905 

Underground conduits to carry any of the wires authorized by said ordinance 
to be installed by the Company shall not exceed four (4) feet in width and three 
(3) feet in depth, and shall be of tile, cement, iron or other m'aterial impervious 
to moisture and not subject to decay. All transmission and feeder wires and cables 
laid under ground should be covered with lead or other impervious material. Before 
any cable containing such wires shall be put in use it shall be tested by an, alter- 
nating current of twice the working voltage of the cable. All forms of cable used by 
the Company containing more than one conductor shall be tested in like manner. 

GENERAL. 

SPACING OF TRACKS. 

In laying or relaying rails in any of the streets included in the accompanying 
ordinance upon which more than one track is to be built, the distance between cen- 
ters of tracks may remain as -at present, but in order to accomodate large modern- 
cars and provide for their safe passage, this distance shall be at least nine (9) 
feet eight and one-half (SVo) inches between center lines of tracks. The exact loca- 
tion of tracks in the streets slrall be subject to the approval of the Commissioner of 
Public Works. 

POWER HOUSE AND SUBSTATIONS. 

The present cable plants for supplying power shall be abandoned as soon os 
practicable and in place thereof one or more electric plants shall be substituted, 
owned and operated either by the Company or by some other company capable of 
furnishing reliable service, and which, together with the necessary sub-stations 
shall be of sufficient capacity to supply the requisite amount of power to efficiently, 
successfully and continuously operate not less than three hundred fifteen (315) 
double-truck cars and the two hundred ten (210) single-truck cars hereinafter 
mentioned. 

In the construction of such plants and sub-stations, the Company shall comply 
with all general ordinances of the city in regard to buildings and to the installation 
of machinery, boilers and smoke-consuming appliances. The buildings of said power 
plants shall be substantially fireproof, and supplied with smoke stacks sufficient to 
carry off all gases emitted, and the foundations for the machinery therein shall be 
constructed in a solid and substantial manner. 

The machinery and apparatus employed shall be selected and installed with a view 
of affording uninterrupted operation of the cars upon said railways, and to attain 
this end the machinery shall be so arranged that a stoppage of one machine shall 
not prevent the operation of the remaining machines, and reserve machinery shall 
always be ready to be thrown into service. All boilers, piping, valves, fittings, steam 
engines, turbines, generators, switchboard apparatus and other appliances used shall 
be of the latest and most approved design and constructed and installed in ac- 
cordance with the best engineering practice. 

In all dynamos and connections where a high-voltage current is produced, or used, 
approved methods for the protection of human life shall be employed. 

The high tension switches shall be entirely inclosed in a fireproof material and 
shall be operated by levers, compressed air, auxiliary currents or by such other means 
as will, as far as practicable, prevent personal contact with high-tension current. 

All feeders leading out of power plants and sub-stations shall be provided with 
some form of safety switches or automatic circuit-breakers designed to instan- 
taneously open the circuit in case of a short circuit occurring on the feeder or on 
the trolley wire which it feeds. 

All the foregoing specifications regarding modern and improved apparatus, pro- 



December 4, I75O 



1905 



teotion from fire and provisions for the protection of human life shall apply with 
equal force to the sub-stations in case a system of transmission involving the use 
of sub-stations is adopted. 

CAR SHOPS AND MACHINERY. 

Suitable shop facilities shall be provided for keeping the machinery, cars and 
equipment in proper condition for maintaining the service at the standard fixed 
by the ordinance. 

CARS. 

The Company shall put into service as rapidly as practicable and operate on 
its street railway system three hundred fifteen (315) -or more double-truck ears, 
€aeh capable of seating from forty (40) to fifty-two (52) passengers. These cars 
shall have center aisles and cross-seats, which shall face forward, except that longi- 
tudinal seats seating not to exceed four (4) people may be used 'at each end of the 
car and on each side of the car immediately inside the entrances. They shall 
be vestibuled and shall be supplied with a sufficient number of electric bells, con- 
nections and buttons to enable passengers without inconvenience to notify the con- 
ductor of their desire to leave the car and shall also be equipped with the most 
serviceable form of fender devices, headlights, sand boxes and gongs. 

In addition to the above cars the company may retain in operation on said streets 
two hundred ten (210) of the present single-truck cars now in service, it being un- 
derstood that these cars shall be selected from the best cars now in service, and^'shall 
conform in every respect to all general ordinances of the city regulating 'such cars. 

All the above cars shall be equipped with sufficient motor capacity to properly 
operate the cars at the schedule speed required by the service over the particular 
lines that they may be depended upon. All double-truck cars shall be provided with 
an effective hand brake and in addition thereto some approved form of power brake. 

Each car shall bear appropriate and conspicuous signs upon its sides and ends, 
so placed as to indicate its route both day and night; at night such signs shall 
be illuminated. 

Electric or hot water heaters, or heaters of other approved type, of sufficient 
capacity to heat the above cars as stipulated in accompanying ordinance shall be 
used. 

OTHER ROLLING STOCK. 

The Company shall provide all necessary snow-plows, sweepers, repair cars, work 
cars, etc., to properly take care of its system and maintain it in first-class workino- 
condition. '^ 

SHPEEVISION OF WORK. 

All work constructed or reconstructed under these specifications shall be subject 
to the inspection and approval of the Consulting Engineer of the City who shall 
be specially authorized to have charge of the work during the reconstruction period. 

The Company shall furnish and deliver to the city two complete sets of blue-prints 
of its drawings made sufficiently in detail to show the general design and general 
location of all new construction work placed in the city streets, under these speci- 
fications, including track, feeder, conduit and transmission system, and the neces- 
sary appurtenances pertaining to them. Both sets of these blue-prints to be 
delivered to the duly authorized Consulting Engineer of the city in charge of such 
work prior to the beginning of the construction of the work represented by the 
prints. When each section of the work is begun the Company shall notify said 
Engineer, giving the date of the beginning of such work and after the section is 
completed the Company shall again notify said Engineer, giving the date of com- 



December 4, 1751 1905 

pletion. After the dates are recorded by tbe Engineer upon the blue-prints, one 
set of the prints shall be delivered to the Commissioner of Public Works and kept on 
file in his office. 

TIME OF COMPLETION OF IMPROVEMENTS. 

The improvements contemplated by these specifications shall be begun within sixty 
(60) days after the acceptance of the accompanying ordinance by the Company, 
and all the work herein outlined shall be prosecuted with due diligence arid shall 
be completed on or before five (5) years from the date of said acceptance, unless 
delayed by the city or by strikes, riots or other causes beyond the control of the 
Company. It is understood that the three hundred fifteen (315) cars above mentioned 
shall be in operation upon the tracks of the Company within three (3) years 
from the passage of the accompanying ordinance unless so delayed. 

CHANRES OF SPECIFICATIONS. 

It is understood that nothing herein shall be construed in such a manner as tp 
prevent the Company from using more expensive and better material than that 
herein specified on any part of its work, or from doing more work than provided 
herein. 

During the reconstruction period these specifications may be modified in any par- 
ticular by which a better type of construction can be obtained, upon the joint ap- 
proval of the Company and the Consulting Engineer of the City, and after said per- 
iod upon the joint approval of the Company and the Commissioner of Public Works. 



■ 



EXHIBIT C. 

THROUGH ROURES TO BE OPERATED BY THE CHICAGO CITY RAILWAY COMPANY, THE 
NORTH CHICAGO STREET RAILROAD COMPANY, AND THE WEST CHICAGO STREET RAIL- 
ROAD COMPANY. 

ROUTE NO. 1. 

Beginning at Jackson Park avenue (formerly Stony Island avenue) and 63d 
street, thence west on 63d street to Indiana avenue; north on Indiana avenue to 18th 
street; west on 18th street to Wabash avenue; north on Wabash avenue to Lake 
street; west on Lake street to State street; north on State street to Division sreet; 
west on Division street to Clark street; north on Clark street to Devon avenue; re- 
turning by same route. 

ROUTE NO. 2. 

Beginning at Wallace street and 79th street; east on 79th street to Vincennes 
road; north on Vincennes road to Wentworth avenue; north on Wentworth avenue 
to Archer avenue; east on Artber avenue to Clark street; north on Clark street to 
Division street; west on Division street to Clybourn avenue; north on Clybourn 
avenue to Belmont avenue; returning by the same route. 

ROUTE NO. 3 

Beginning at Lake avenue and 55th street; west on 55th street to Cottage Grove 
avenue; north on Cottage Grove avenue to 22d street; west on 22d street to Wa- 
bash avenue; north on Wabash avenue to Harrison street; west on Harrison street 
to Dearborn street; north on Dearborn street to Washington street; west on 
Washington street to LaSalle street; north on LaSalle street to Illinois Street; 
east on Illinois street to Clark street; north on Clark street to Center street; 
west on Center street to Lincoln avenue; north on Lincoln avenue to Bowmanville 
(Foster avenue) ; returning by the same route. 



I 



December 4, 1752 1905 

ROUTE NO. 4. 
Beginning at 75th street on South Chicago avenue; north on South Chicago ave- 
nue to Cottage Grove avenue; north on Cottage Grove avenue to 22d street; west 
on 22d street to Wabash aVenue; north on Wabash avenue to Washington street; 
west on Washington street to LaSalle street; north on LaSalle street to Illinois 
street; west on Illinois street to W^ells street; north on Wells street to Clark 
street; north on Clark street to Center street; west on Center street to Lincoln 
avenue; north on Lincoln avenue to Wright wood avenue; returning by the same 
route. 

ROUTE NO. 5. 
Beginning at 77th street and Vincennes road; north on Vincennes road to State 
street; north on State street to Van Buren street; west on Van Buren street to 
Kedzie avenue; returning by the same route. 

ROUTE NO. 6. 

Beginning at 77th street and Vincennes road; north on Vincennes road to State 
street; north on State street to Washington street; west on Washington street to 
Desplaines street; north on Desplaines street to Milwaukee avenue; north on Mil- 
waukee avenue to Armitage avenue; west on Armitage avenue to 44th avnue; re- 
turning by the same route. 

ROUTE NO. 7. 

Beginning on State street at 39th street; north on State street to Madison street; 
west on Madison street to 40th avenue; returning by the same route. 

ROUTE NO. 8. 

Beginning at Jackson Park avenue and 63d street; west on 63d street to Halsted 
street; north on Halsted street to Evanston avenue; north on Evanston avenue to 
Graceland avenue; returning by the same route. 

ROUTE NO. 9. 
Beginning at 69th street and Ashland avenue; north on Ashland avenue to 12th 
street; west on 12th street to Paulina street; north on Paulina street to Lake 
street; east on Lake street to Ashland avenue; north on Ashland avenue to Cly- 
bourn place; east on Clybourn place to Southport avenue; north on Southport ave- 
nue to Clybourn avenue; returning by the same route. 

ROUTE NO. 10. 
Beginning at 71st street and Western avenue; north on Western avenue to Bel- 
mont avenue; returning by the same route. 

ROUTE NO. 11. 
Beginning at North avenue and Clark street; south on Clark street to Madison 
street; west on Madison street to Ogden avenue; southwest on Ogden avenue to 
40th avenue; returning by the same route. 

ROUTE NO. 12 

Beginning at Clark street and NortJi avenue; west on North avenue to Wells ' 
street; south on Wells street and Fifth avenue to Adams street; west on Adams 
street to Clinton street; south on Clinton street to Harrison street; west on Harri- 
son street to the intersection of Halsted street and Blue Island avenue; southwest 
on Blue Island avenue to Western avenue; returning by the same route. 

ROUTE NO. 13. 

Beginning at 48th avenue and Archer avenue; northeast on Archer avenue to 



December 4, 



1753 



1905 



Halsted street; north on Halsted street to Evanston avenue; north on Evanston 
avenue to Graeeland avenue; returning by the same route. 

EOUTE NO. 14. 
Beginning at 46th avenue and 12th street; east on 12th street to Ogden avenue; 
northeast on Ogden avenue to Randolph street; east on Randolph street to Fifth 
avenue; north on Fifth avenue and Wells street to Clark street; north on Clark 
street to Diversey boulevard; returning by the same route. 

ROUTE NO. 15, 
Beginning at 21st street at Douglas Park; east on 21st street to Halsted street; 
north on Halsted street to Canalport avenue; northeast on Canalport avenue to 
Canal street; north on Canal street to Polk street; east on Polk street to Fifth 
avenue; north on Fifth avenue and Wells street to Clark street; north on Clark 
street to Diversey boulevard; returning by the same route. 

ROUTE NO. 16. 

Beginning at State and 39'th streets; thence north on State street to Lake street; 
west on Lake street to Pine avenue; returning by the same route. 

It is understood that this route will be extended west to the city limits as soon 
as a subway is built under the Chicago and Northwestern Railway tracks. 

ROUTE NO. 17. 

Beginning at 63d street on Kedzie avenue; north on Kedzie avenue to Chicago 
avenue; east on Chicago avenue to California avenue; north on California avenue 
to Belmont avenue; returning by the same route. 

ROUTE NO. 18. 
Beginning on Division street at Humbolt Park; east on Division street to Clark 
street; north on Clark street to North avenue and Lincoln Park; west on North 
avenue to Wells street; south on Wells street to Division street; west on Division 
street to Humboldt Park. 

ROUTE NO. 19. 

Beginning on Chicago avenue at 60th avenue; east on Chicago avenue to Milwau- 
kee avenue; south on Milwaukee avenue to Lake street; east on Lake street to and 
around the State street loop; returning by the same route. 

ROUTE NO. 20. 

Beginning on Madison street at 60th avenue; east on Madison street to and 
around the State street loop; returning by the same route. 

ROUTE NO. 21. 

Beginning on North avenue at 48th avenue; east on North avenue to Milwaukee 
avenue; south on Milwaukee avenue to Lake street; east on Lake street to and 
around the State street loop; returning by the same route. 



December 4, 



1754 



1905 



ALSO, 

The same Committee, to whom was 
referred an ordinance submitted by His 
Honor, the Mayor, entitled: "An ordi- 
nance authorizing the City of Chicago 
to construct, acquire, purchase, own and 
maintain street railways within its cor- 
porate limits, and providing the means 
therefor"; and an ordinance submitted 
by His Honor, the Mayor^ "Providing 
for the submission of the question of 
operation of street railways by the City 
of Chicago," submitted a report as fol- 
lows : 

Aid. Young moved that the report be 
deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 

To the Mayor and Aldermen of ike City 
of Chicago in Council Assembled: 

Your Committee on Local Transporta- 
tion, to whom was referred an ordi- 
nance submitted by His Honor, the 
Mayor, on November 13, 1905, and 
printed on page 1405, Council Proceed- 
ings, entitled: 

"An ordinance authorizing the City 
of Chicago to construct, acquire, pur- 
chase, own, and maintain street rail- 
ways within its corporate limits, and 
providing the means thereof"; 
and an ordinance submitted by His 
Honor, the Mayor, on November 13, 1905, 
printed on page 14 1&, Council Proceed- 
ings, 

"Providing for the submission of the 
question of operating of street rail- 
ways by the City of Chicago," 
having had the same under advisement, 
beg leave to report and recommend that 
said ordinance be considered by the Com- 
mittee on the Whole in the manner pro- 
vided for by the certain referendum re- 
solution adopted by the City Council 
October 16 1905 (Council Proceedings, 
page 1267), and then submitted to the 
voters of Chicago at the city election 



to be held next April under the provi- 
sions of an act providing, 

"For an expression of opinion by the 
electors on questions of public policy 
at any general or special election." 
In force July 1, 1901, Chap. 46, R. S., 
Par. 428. 

Linn H. Young, 
Acting Chairman. 

AN ORDINANCE 

Authorizing the City of Chicago to con- 
struct, acquire, purchase, own and 
maintain street railways within its 
corporate limits and providing the 
means therefor. 

Be it ordained ly the City Council of the 
City of Chicago: 

Section 1. That for the purpose of 
acquiring street railways either by pur- 
chase, construction, condemnation or 
otherwise as provided by law, and for 
the equipment of such street railways 
in and upon the streets of the City of 
Chicago hereinafter described, so as to 
provide for a first-class street railway 
system, the City of Chicago may issue 
and dispose of its interest bearing "Street 
Railway Certificates" in the manner pro- 
vided by law, not to exceed the sum of 
Seventy-five Million Dollars ($75,000,- 
000.00). 

Section 2. That said Street Railway 
Certificates or the proceeds arising from 
the issuance and sale thereof shall be 
used by the City of Chicago for the pur- 
pose of acquiring, either by purchase, 
construction, condemnation or otherwise 
street railways, together with the equip- 
ment thereof, in and upon and along the 
following streets upon which street rail- 
way tracks are already located: 

Adams street, from Centre avenue to 
Ninety-eighth street. 

Avenue N, from Ninety- fifth street to 
Michigan avenue; thence on Ninety- 
eighth street to Avenue L. 

Avenue L, from Ninety-eighth street 
to One Hundred and Eighth street. 



December 4, 



1755 



1905 



Ashland avenue, from Clybourn place 
to Lake street; Twelfth to Twenty- 
second and from Twenty- second street 
to Sixty -ninth street. 

Archer avenue, from South Forty- 
eighth avenue to State street. 

North Ashland avenue, from Graceland 
avenue to Lincoln avenue. 

Bond avenue, from Seventy-ninth 
street to Eighty-third street. 

Bryant place, from Lake street to Ran- 
dolph street. 

Blue Island avenue, from Twenty-sixth 
street to Harrison street. 

Belmont avenue, from Milwaukee ave- 
nue to Halsted street. 

Cottage Grove avenue, from Seventy- 
first street to Ninety-fifth street. 

Cottage Grove avenue, from Twenty- 
second street to South Chicago avenue. 

Canal street, from Harrison street to 
Eighteenth street and from Archer ave- 
nue to Twenty-ninth street. 

C'analport avenue, from Canal street t(? 
tialsted street. 

Clinton street, from Twelfth street to 
Milwaukee avenue. 

Centre avenue, from Erie street to 
Austin avenue and from Adams street to 
Twenty-first street, and from Thirty- 
first street to Thirty-fifth street, and 
from Forty- seventh street to Seventy- 
fifth street. 

California avenue, from Belmont ave- 
nue to Chicago avenue. 

Colorado avenue, from Fortieth avenue 
to Madison street. 

Clark street, from Devon avenue to 
Twenty-second street. 

Center street, from Racine avenue to 
Clark street. 

Clark street, from Devon avenue to 
Howard avenue. 

Clybourn avenue, from Belmont ave- 
nue to Division street. 

Chicago avenue, from North Fortieth 
avenue to Clark street. 



Desplaines street, from Harrison street 
to Austin avenue. 

Devon avenue, from Evanston avenue 
to Clark street. 

Dearborn street, from Michigan street 
to Polk street. 

Division street, from California ave- 
nue to State street. 

Eighteenth street, from Leavitt street 
to Indiana avenue. 

Evanston avenue, from Devon avenue 
to Clark street. 

Elston avenue, from Montrose avenue 
to Milwaukee avenue. 

Ewing avenue, from Ninety- second 
street to One Hundred and Sixth street. 
Eighty-first street, from Vincennes 
avenue to Halsted street. 
Forty-eighth avenue. 
Forty-first street, from Halsted street 
to State street. 

Forty-third street, from State street 
to Illinois Central Railway. 

Forty-seventh street, from Kedzie ave- 
nue to Illinois Central Railway. 

Fifty-first street, from Robey street to 
Grand boulevard. 

Fifty-fifth street, from Cottage Grove 
avenue to Illinois Central Railway. 

Fifty- ninth street, from Leavitt street 
to State street. 

Franklin street, from Washington 
street to Harrison street. 

Fourteenth street, from Robey street 
to Canal street. 

North Fortieth avenue, from Cemetery 
to North Elston avenue. 

Fortieth avenue, from Twenty- sixth 
street to Thirty-first street, 

Franklin street, from Elm street to 
Kinzie street. 

Fulton street, from Western avenue to 
Sangamon street. 

Fullerton avenue, from Milwaukee ave- 
nue to Halsted street. 

Harrison street, from Kedzie avenue to 
State street. 



I 



December 4, 



1756 



1905 



Halsted street, from Evanston avenue 
to Seventy-ninth street. 

Halsted street, from Eighty-first street 
to Vincennes road. 

Indiana avenue, from Eighteenth street 
to Fifty-first street. 

Indiana street and Grand avenue, from 
North Fortieth avenue to State street. 

Irving Park boulevard, from Milwau- 
kee avenue to Evanston avenue. 

Indianapolis avenue, from Ewing ave- 
nue to One Hundred and Sixth street. 

Jefferson street, from Fourteenth 
street to Washington street. 

Jackson Park avenue, from Sixty-sec- 
ond street to Mnety-seventh street. 

Keefe avenue, from Sixty-ninth street 
to Sixty-eighth street. 

Kedzie avenue, from Chicago avenue 
to Twelfth street, and from Twenty-sec- 
ond street to Thirty-fifth street and from 
Thirty-eighth street to Sixty-third 
street. 

LaSalle street, from Illinois street to 
Monroe street. 

Lawndale avenue, from Twenty-second 
street to Thirty-fifth street. 

Lake street, from Austin avenue to 
Wabash avenue. 

Lawrence avenue, from Milwaukee 
avenue to Evanston avenue. 

Larrabee street, from Lincoln avenue 
to Chicago avenue. 

Lincoln avenue, from Forest avenue to 
Sedgwick street. 

Monroe street, from Sangamon street 
to Canal street and from LaSalle street 
to Dearborn street. 

Morgan street, from Thirty-first street 
to Thirty-ninth street. 

Milwaukee avenue, from Lawrence ave- 
nue to Lake street. 

Montrose avenue, from North Forty- 
sixth avenue to Evanston avenue. 

Madison street, from Austin avenue to 
Michigan avenue. 

Madison avenue, from Sixty- seventh 
street to South Chicago avenue. 



Michigan avenue, from Ninety-fifth 
street to One Hundred and Twenty- 
fourth street. 

North avenue, from North Forty-sixth 
avenue to Clark street. 

Ninety-second street, from Commercial 
avenue to Ewing avenue. 

Ninety-third street, from Alley to Cot- 
tage Grove avenue. 

Ninety-fourth street, from Jackson 
Park avenue to Washington avenue; 
thence in Alley to Ninety-third street. 

Ninety-fifth street, from Cottage Grove 
avenue to Michigan avenue. 

Orleans street, from Kinzie street to 
Division street. 

Ogden avenue, from Fortieth avenue to 
Randolph street. 

One Hundred and Third street, from 
Michigan avenue to Vincennes road. 

One Hundred and Sixth street, from 
Torrence avenue to Indianapolis avenue. 

One Hundred and Eighth street, from 
Avenue L to Avenue F. 

One Hundred and Thirteenth street, 
from Stephenson avenue to Michigan 
avenue. 

One Hundred and Fifteenth street, 
from Stephenson avenue to Michigan 
avenue. 

One Hundred and Sixteenth street, 
from Michigan avenue to Wentworth 
avenue. 

One Hundred and Nineteenth street, 
from Michigan avenue to Halsted street; 
thence on Halsted street from One Hun- 
dred and Nineteenth street to One Hun- 
dred and Twenty-fii-st street. 

Paulina street, from Lake street to 
Twelfth street. 

Pullman drive, from Ninety- seventh 
street to Cottage Grove avenue; thence 
on Cottage Grove avenue to One Hun- 
dred and Fifth street: thence on Fulton 
street to One Hundred and Seventh 
street; thence on One Hundred and Sev- 
enth street to Stephenson avenue; thence 
on Stephenson avenue to One Hundred 
and Fifteenth street. 



December 4, 



1757 



1905 



Pullman avenue, from One Hundred 
and Thirteenth to One Hundred and Fif- 
teenth street. 

Randolph street, from Ogden avenue to 
Michigan avenue. 

Rockwell street, from Twenty- second 
street to Twenty-fifth street. 

North Robey street, from Balmoral 
avenue to Irving Park boulevard. 

Robey street, from Fullerton avenue to 
Blue Island avenue. 

East Ravenswood Park, from Cemetery 
Gate to Balmoral avenue. 

Racine avenue, from Fullerton avenue 
to Center street. 

Railroad avenue, from Seventy-third 
avenue to Seventy-eighth avenue. 

Sixty- first street, from Went worth 
avenue to Illinois Central Railway. 

Sixty-third street, from HjTuan ave- 
nue to Stoney Island avenue. 

Sixty-ninth street, from Western ave- 
nue to Keefe avenue. 

Sixty-eighth street, from Keefe ave- 
nue to Cottage Grove avenue. 

Seventy-ninth street, from Halsted 
street to Vincennes road. 

South Chicago avenue, from Seventy- 
fifth street to Cottage Grove avenue. 

Sixty- sixth street, from South Park 
avenue to St. Lawrence avenue. 

Sixty- seventh street, from Vernon 
avenue to Vincennes avenue; Saint Lrav- 
rence avenue to Jackson Park avenue. 

Seventieth street, from Madison ave- 
nue to Yates avenue. 

Seventy-first street, from Cottage 
Grove avenue to State street. 

Seventy-third street, from Jackson 
Park avenue to Railroad avenue. 

Seventy-fifth street, from Stewart 
avenue to Lake avenue. 

Seventy- eighth street, from Railroad 
avenue to Lake avenue; thence on Lake 
avenue to Cheltenham place; thence on 
Cheltenham place to Seventy-ninth 
street. 



Seventy-ninth street, from State 
street to Vincennes avenue. 

Seventy -ninth street, from Jackson 
Park avenue to Ontario avenue ; thence 
on Ontario avenue to Eighty-third street; 
thence on Eighty-third street to Superior 
avenue; thence on Superior and Buffalo 
avenues, to Ninety-second street. 

Saint Lawrence avenue, from Sixty- 
sixth street to Seventy-fifth street. 

State street, from Division street to 
Vincennes road. 

Sixty-fourth street, from Jackson Park 
avenue to Madison avenue. 

South Park avenue, from Sixty-third 
avenue to South Chicago avenue. 

South Chicago avenue, from Vincennes 
avenue to Cottage Grove avenue; Illinois 
Central Right of Way of Ninety-fifth 
street. 

State street, from Seventy-first street 
to Seventy-ninth street. 

Sheffield avenue, from North Clark 
street to Lincoln avenue. 

Sangamon street, from Austin avenue 
to Adams street. 

Sedgwick street, from Center street to 
Division street. 

Southport avenue, from North Clark 
street to Clybourn place. 

Twenty- first street, from Marshall 
boulevard to Halsted street. 

Twenty-second street, from South For- 
tieth avenue to Cottage Grove avenue. 
Twenty- sixth street, from South For- 
ty-fourth avenue to Blue Island avenue 
and from Halsted street to Cottage Grove 
avenue. 

Thirty-first street, from Pitney court 
to Lake Park avenue. 

Thirty-fifth street, from South Cali- 
fornia avenue to Cottage Grove avenue. 
Thirty-eighth street, from Central 
Park avenue to Archer avenue. 

Thirty-ninth street, from Halsted 
street to Cottage Grove avenue. 

Twenty -ninth street, from Canal street 
to Wallace street. 



December 4, 



1758 



1905 



Twenty-fifth street, from Rockwell 
street to Lawndale avenue. 

Throop street, from Twenty-first 
street to Thirty-first street. 

Taylor street, from Western avenue to 
Fifth avenue. 

Twelfth street, from South Forty- 
eighth avenue to Wabash avenue. 

Vineennes road, from Seventy-ninth 
street to State street. 

Vernon avenue, from Sixty-third 
street to Sixty -seventh street. 

Vineennes avenue, from Seventy-ninth 
street to Eighty-first street. 

Vineennes road, from Halsted street 
to One Hundred and Seventh street. 

Van Buren street, from Kedzie avenue 
to Wabash avenue. 

Wabash avenue, from Lake street to 
Twenty-second street. 

Wallace street, from Twenty-ninth 
street to Forty-first street. 

Went worth avenue, from Archer ave- 
nue to Vineennes road. 

Wentworth avenue, from One Hundred 
and Sixteenth street to One Hundred and 
Eighteenth street. 

Wells street and Fifth avenue, from 
Clark street to Twelfth street. 

Western avenue, from Belmont avenue 
to Twenty- sixth street and from Archer 
avenue to Seventy-first street. 

Washington street, from Desplaines 
street to Michigan avenue. 

Yates avenue, from Sixty-seventh 
street to Seventy-first street; thence on 
Seventy-first street to Coles avenue; thence 
on Coles avenue to Seventy-ninth street, 
and upon and along such other streets 
or highways within said City of Chicago 
as may be hereafter by ordinance desig- 
nated; provided, however, that the City 
Council shall have power, from time to 
time, to change, alter or extend the sys- 
tem of street railways above designated. 

It being the intention of this ordinance 
to authorize the acquisition by the City 
of Chicago of street railways, upon and 



along every street or part thereof within 
the City of Chicago that is now occupied 
by street railways, whether enumerated 
in the foregoing table of streets or not. 

Section 3. That the Street Railway 
Certificates to be issued hereunder shall 
be in substantially the form, words and 
figures hereinafter, in the form of trust 
deed, set forth. 

Section 4. The Street Railway Cer- 
tificates hereby authorized, shall, under 
no circumstances, be or become an obliga- 
tion or liability of the city or payable 
out of any general fund thereof, but shall 
be payable solely out of the revenue or 
income to be derived from the Street 
Railway properties, for the acquisition 
of which they were issued. 

Section 5. Out of the earnings of said 
Street Railway property, after paying 
the cost of operating and maintaining the 
same and the interest on all outstanding 
railway certificates issued to purchasers, 
shall be set aside a sinking fund, to be 
used in retiring and paying all outstand- 
ing Street Railway Certificates at or be- 
fore their maturity. Said sinking fund, 
together with all other money pertain- 
ing to said Street Railway property of 
the City of Chicago shall be kept by the 
Treasurer of the City of Chicago, and 
the Comptroller of the City of Chicago 
shall advertise for bids from banks do- 
ing business within the City of Chicago 
for interest upon said sinking fund and 
said street railway money, at the same 
time and in the same manner as said 
Comptroller is now required by law to 
advertise for bids for interest on the 
money of the City of Chicago, and said 
City of Chicago shall award said Street 
Railway moneys in the same manner, 
and to the same bank, or banks, and re- 
quire the same security that is now re- 
quired by law with reference to the 
money of the City of Chicago, and all 
laws now in force applicable to the de- 
positing of the money of the City of 
Chicago with banks and the receipt by 
said city of interest thereon shall apply 



December 4, 



1759 



1905 



to the said Street Railway moneys of 
the City of Chicago. 

Section 6. For the purpose of retir- 
ing all Street Railway Certificates is- 
sued to purchasers and outstanding, un- 
der the provisions of this ordinance, the 
City of Chicago shall pay into said sink- 
ing fund from the earnings of said Street 
Railway property, on the first day of 
August next after the date of the deliv- 
ery of each certificate to the purchaser 
and on the first day of August next of 
each succeeding year thereafter, until the 
maturity of each certificate, an annual 
installment, the amount of which in- 
stallment shall be determined in the fol- 
lowing manner: The principal amount of 
each outstanding Street Railway Certifi- 
cate shall be divided by the number of 
years intervening between the date said 
certificate was issued to the purchaser 
and the date of the maturity of said 
certificate. The quotient thus obtained 
shall be used as a basis for determin- 
ing the amount of each annual in- 
stallment on said certificate. The first 
annual installment shall be an amount 
which, when placed at three per cent 
annual compound interest from the first 
day of August next after the date said 
certificate was issued and delivered to 
the purchaser until the date of the ma- 
turity of said certificate, will equal the 
quotient above named. The second in- 
stallment shall be such an amount which, 
when placed at the same rate of interest 
from the date said second annual in- 
stallment is to be paid, in the manner 
above provided, until the date of the ma- 
turity of said certificate, will equal the 
quotient above named. Installments 
computed in the same way shall be paid 
into the sinking fund on the first day of 
August of each succeeding year there- 
after, so as to provide for the payment 
in full of said certificate at the date of 
its maturity, and each Street Railway 
Certificate issued to purchaser under the 
terms of this ordinance shall be retired, 
by the payment from the earnings of 
-said street railway property into said 



sinking fund in successive installments 
in the manner above described. Should 
the City of Chicago fail to realize at the 
end of any year three per cent annual 
interest on its sinking fund from the 
bank, or banks, with which said fund 
is deposited, then said city shall pay out 
of the earnings of said Street Railway 
property the deficiency at the end of 
each year, so as to keep said sinking 
fund at all times sufficient in amount 
to retire the outstanding Street Railway 
Certificates in the manner above de- 
scribed. Should the said city, at the end 
of any year, realize more than three per 
cent annual interest on said sinking fund, 
then the excess may be used in paying 
into said sinking fund the subsequent 
annual installments. 

The City of Chicago is hereby author- 
ized at any time after the expiration of 
five years from the date said Street Rail- 
way Certificates are issued to purchas- 
ers to use any or all of the moneys de- 
posited in the said sinking fund in retir- 
ing and paying outstanding Street Rail- 
way Certificates in the order in which 
said certificates were issued to purchas- 
ers. Should the said City of Chicago 
elect to retire any of the Street Railway 
I Certificates before their maturity and 
use the said sinking fund for that pur- 
pose, then in such an event a new sink- 
ing fund shall be provided by the said 
City of Chicago, beginning at the date 
that the moneys of the first sinking fund 
are used for the purpose of retiring out- 
standing certificates, and said new sink- 
ing fund shall likewise be made up of 
annual installments to be of the same 
proportionate amount and computed in 
the same manner as hereinabove set 
forth, so as to provide for the payment 
in full of all of said outstanding Street 
Railway Certificates at the date of their 
.maturity. Should the earnings of said 
Street Railway property, during any 
year or years for the first period of five 
years from and after the date said Street 
Railway Certificates are issued and de- 
livered to purchasers, be insufficient to 



December 4, 



1760 



1905 



pay into the sinking fund the install- 
ments above provided for, then the City 
of Chicago is hereby authorized to pay 
the balance of said money into said sink- 
ing fund on any succeeding year before 
the expiration of said five year period. 

Section 7. After paying the cost of 
operating and maintaining the said 
Street Railway property and the in- 
terest on all outstanding Street 
Railway Certificates and the sinking 
fund above provided for, the said 
city may by ordinance or ordinances, 
out of the balance of said earnings, make 
extensions of the system of Street Rail- 
ways above provided for and renew the 
equipment thereof; provided, however, 
that until the indebtedness hereby se- 
cured shall have been discharged, such 
extensions made in any one year out 
of said earnings shall not exceed five 
per cent (5%) of the then total mileage 
of said system. 

Section 8. In order to secure the pay- 
ment of any such Street Railway Cer- 
tificates and the interest thereon, the 
City is hereby authorized to convey by 

deed of trust to 

Trustee, as 

hereinafter provided, all of the Street 
Railway property acquired or to be ac- 
quired through the issuance thereof, 
which mortgage or deed of trust shall 
be substantially in manner and form 
as follows: 

TRUST DEED FOR MUNICIPAL RAILWAYS. 

This Indenture, Made this day 

of A. D. 190.., by and 

between the City of Chicago, a Municipal 
Corporation, created and existing under 
and by virtue of the laws of the State 
of Illinois, hereinafter for convenience 
sometimes called the "City," party of 

the first part, and the 

Trust Company, a cor- 
poration also created and existing under 
and by virtue of the laws of the State 
of Illinois, having its chief place of busi- 
ness in the City of Chicago, Illinois, and 
hereinafter for convenience sometimes 



called the "Trustee," party of the sec- 
ond part, Witnesseth: 

Whereas, The said City is desirous of 
acquiring, purchasing, constructing, and 
equipping a system of Street Railways 
within the said City of Chicago; and 

Whereas, The said city did, on the" 
fifth day of April, A. D. 1904, submit to 
the electors of said city, the question of 
the adoption of an, act of the legislature 
of the State of Illinois, entitled "An 
Act to authorize cities to acquire, con- 
struct, own, operate and lease Street 
Railways, and provide means therefor;" 
and 

Whereas, A majority of those voting 
thereon approved the adoption of said 
act at said election; and 

Whereas, The question of the adop-. 
tion of an ordinance of the City Coun- 
cil, making provision for the issuance 
of Street Railway Certificates and this 
Trust Deed, securing the same, was sub- 
mitted to a popular vote of the electors 
of the said City of Chicago on the 

day of A. D. 

190..., and was approved by a majority 
of the qualified voters of the city, vot- 
ing upon such question, and 

Whereas, The said city is, by law, 
authorized to issue the Street Railway 
Certificates hereinafter specified, for the 
purpose of acquiring, constructing and 
equipping a system of Street Railways, 
the City of Chicago, and to mortgage 
any and all of the Street Railway prop- 
erty, acquired or to be acquired through 
the issuance thereof, and 

Whereas, The said city has, in ac- 
cordance with its said ordinance, and 
in acordance with the approval of the 
majority of the electors of said city, 
voting thereon at said election, and for 
the purpose named in said ordinance, 
duly executed and is about to dispose 
of its said Street Railway Certificates 
for the aggregate principal amount of 
Seventy-five Million Dollars, those in 
Series A numbered from 1 to 65,000, 
both inclusive, being for $1,000.00 each; 



December 4, 



1761 



1905 



those in Series B, numbered from 65,- 
001 to 75,000, both inclusive, being for 
$500.00 each; those in Series C num- 
bered from 75,001 to 120,000, both in- 
clusive, being for $100.00 each; and those 
in Series D numbered from 120,001 to 
126,000, both inclusive, being for $50.00 
each; and those in Series E numbered 
from 126,001 to 131,000, both inclusive, 
being for $20.00 each; and those in 
Series F numbered from 131,001 to 141,- 
000, both inclusive, being for $10.00 

each; dated the 

day of , 190 .. , all of 

said Street Eailway Certificates due and 
payable by their terms on or before the 

first day of , 190.., 

as hereinafter specified, and bearing in- 
terest at the rate of five per cent (5%) 
per annum, payable half yearly, for 
Avhich interest coupons are attached to 
said Street Railway Certificates re- 
spectively, said certificates, interest 
coupons, and the Trustee's Certificate on 
said Street Railway Certificates being 
substantially in the following forms re- 
spectively, to-wit : 

UNITED STATES OF AINIEEICA, CITY OF CHI- 
CAGO, -FIVE PER CEN^T GOLD MORTGAGE 
STREET RAILWAY CERTIFICATE. 

Series Xumber 

Whereas, The City of Chicago, a 
Municipal Corporation, duly created and 
existing under the laws of the State of 
Illinois did, on the fifth day of April, 
A. D. 1904, submit to the electors of 
said city, the question of the adoption 
of an act of the legislature of the State 
of Illinois, entitled "An Act to authorize 
cities to acquire, construct, own, operate, 
and lease Street Railways, and provide 
the means therefor," and 

Whereas, A majority of those voting 
thereon approved the adoption of said 
act at said election, and 

Whereas, The City Council of the 

Citv of Chicasfo, on the 

day of ^. A. D. 190.., 

passed a certain ordinance making pro- 
vision for the issuance of the Street 



Railway Certificates, hereinafter speci- 
fied, and the issuance of the mortgage 
securing the same, and 

Whereas, The question of the adop- 
tion of the said ordinance of the City 
Council of the City of Chicago, making 
provision for the issuance of said Street 
Railway Certificates and the Trust Deed 
securing the same was submitted to a 
popular vote of the electors of the said 

City of Chicago, on the day 

of/. A. D. 190.., 

and was approved by a majority of the 
qualified voters of the said City voting 
upon such question. 

Xoic Therefore, For value received, the 
City of Chicago hereby promises to pay 

to the bearer hereof, the sum of 

in gold coin of 

the United States of America, of the 
present or an equal standard of weight 
and fineness, on the first day of July, 
A. D. 190. ., and to pay interest thereon 
in like gold coin at the rate of five per 
cent. (5%) per annum, payable semi an- 
nually on the first days of January and 
July in each year, until paid, on presenta- ^ 
tion and surrender of the annexed in- fl 
terest coupons as they respectively be- ^ 
come due. Both the principal hereof 
and the interest hereon shall be payable 
at the office of the City Treasurer of the 
City of Chicago in the City of Chicago, 
Illinois. This certificate is one of a se- 
ries of 141,000 certificates of like tenor 
and date, numbered consecutively from 
one to 141,000, both inclusive, for the 
aggregate principal amount of Seventy- 
five Million Dollars. Those in Series A. 
numbered from one to 65,000, both in- 
clusive, being for $1,000.00 each; those 
in Series B., numbered from 65,001 to 
75,000, both inclusive, being for $500.00 
each; those in Series C, numbered from 
75,001 to 120,000, both inclusive, being 
for $100.00 each, and those in Series D., 
numbered from 120,001 to 126,000, both 
inclusive, being for $50.00 each; those 
in Series E., numbered from 126,001 to 
131,000, both inclusive, being for $20.00 
each; and those in Series F., numbered 



December 4, 



1762 



1905 



from 131,001 to 141,000, both inclusive, 
being for $10.00 each; all of which are 
equally secured by mortgage or deed of 
trust bearing even date herewith, made 

by the City of Chicago to the 

as Trust- 
tee, and c<pvering the whole of the Street 
Railways owned by the City of Chicago 
or hereafter acquired by said City, and 
^11 of its stations, cars, equipment, 
rights, franchises, and property of all 
kinds, real and personal, obtained or held 
for use in connection with its said street 
railways, whether now owned or here- 
after acquired. Whenever default shall 
be made in the payment of any interest 
coupon hereon, and such default shall 
have continued for the space of twelve 
months after notice thereof has been 
^iven to the Mayor and financial officer 
of the City of Chicago, it shall be law- 
ful for the Trustee herein, upon the re- 
quest of the holder or holders of a ma- 
jority, in amount, of the certificates is- 
sued and outstanding under said mort- 
gage or deed of trust, to declare the 
whole of the principal of all such cer- 
tificates as may be outstanding to be at 
once due and payable, and to proceed to 
foreclose such mortgage or deed of trust 
in any court of competent jurisdiction. 
It is agreed by the holder hereof that 
this Street Railway Certificate shall, un- 
der no circumstances, be or become an 
obligation or a liability of the city, or 
payable out of any general fund thereof, 
but shall be payable solely out of that 
portion of the revenue or income derived 
from the said Street Railway properties, 
specified in said mortgage or trust deed. 
This, certificate shall pass by delivery 
until it has been registered on the books 

of said 

Trustee, at its office in the City of Chi- 
cago, Illinois, but after registration of 
ownership, fully endorsed hereon, no 
transfer thereof except on the books of 

said , Trustee 

shall be valid unless the last registra- 
tion shall have been to bearer,, and this 
certificate shall continue subject to the 



registration and transfer to bearer at tne 
option of the holder. The registration 
hereof shall not restrain the negotia- 
bility of the interest coupons by delivery 
merely, and said coupons shall continue 
to be transferable by delivery, notwith- 
standing the registration of this certifi- 
cate. Provided, however, that the cou- 
pons may be surrendered at the time of 
the registry of this certificate and can- 
celled, and such cancellation noted by 
the Trustee on the back of the certifi- 
cate, after which transferability of this 
certificate by delivery cannot be restored 
and thereafter the same shall be trans- 
ferable only on said books, and the in- 
terest thereon semi-annually and the 
principal thereof, when due, shall be 
payable only to the registered owner or 
his legal representative. Each registra- 
•tration shall be evidenced by the nota- 
tion of the Trustee on the back thereof. 
This certificate may, at the debtor's op- 
tion, be redeemed and paid at said office 

ff said ^ Trustee, 

in Chicago, 111., on any semi-annual in- 
terest payment day, not however in any 
event less than five years after the date 
of its issue, upon and by the payment 
of the principal thereof, and all interest 
due thereon, at the date of such redemp- 
tion, provided, however, that notice of 
the intention of the City of Chicago so 
to redeem and pay on any interest pay- 
ment day, as aforesaid, shall be given 

either by said 

Trustee, or by the City of Chicago, once 
in each week for four successive weeks 
in some newspaper of general circula- 
tion at such time published in the City 
of Chicago, Illinois, the first publication 
in each case to be at least three months 
prior to the date of redemption period. 
This Certificate shall not be obligatory 
until authenticated by the signature of 

said , Trustee, 

under said trust deed, to the Trustee's 
certificate endorsed hereon. 

In Witness Whereof, The City of Chi- 
cago has hereunto caused its corporate 
name to be set by its Mayor, and its seal' 



December 4, 



1763 



1905 



to be affixed by its City Clerk, and has 
caused the interest coupons hereto at- 
tached to be authenticated by the fac- 
simile signature of its Clerk, this 

day of 

A. D. 190... 

THE CITY OF CHICAGO, • ' 



By. 



Mayor. 



Attest : 



City Clerk. 



Countersigned : 



City Comptroller. 



INTEREST COUPON. 

The City of Chicago will pay to the 
bearer hereof at the office of the City* 
Treasurer of the City of Chicago, in Chi- 
cago, Illinois, 

Dollars in gold coin of the United States, 
being six months' interest on its Street 
Railway Certificates, Series A. No 



City Ckrk. 



A. D. 190. 
Coupon No. 1. 



This coupon subject to the provisions 
of said Street Railway Certificates. 

Now Therefore, For and in considera- 
tion of the premises, and the sum of 
One Dollar ($1.00), cash in hand paid 
to the party of the first part hereto by 
the party of the second part hereto, upon 
the ensealing and delivering of these 
presents the receipt of which is hereby 
acknowledged and in order to secure the 
payment of said Street Railway Certifi- 
cates, and the interest thereon, accord- 
ing to the tenor of said Street Railway 
thereto respectively attached, the said 
City has granted and conveyed, and by 
these presents does grant and convey, 
unto the party of the second part here- 
to, its successors in trust and assigns, 
forever, the following described premises, 



properties, rights and franchises, to-wit: 
All of the Street Railways of the 
party of the first part, located in, upon 
and along all of the . streets and public 
places in the City of Chicago, as well 
as all such as are located upon private 
rights of way, with all the tracks, poles, 
wires, cables, rights of way, motors, 
equipment, machinery, tools, applicances, 
power houses, car barns, and supplies, 
leases, contracts, rights, privileges, fran- 
chises and property of all kinds of the 
party of the first part hereto, obtained 
for or used upon or for or in connection 
with the operation of its railways, and 
whether now owned or hereafter ac- 
quired. 

To Have and to Hold all of said rail- 
ways, premises, properties, rights and 
franchises of all kinds, hereby conveyed 
and intended to be conveyed, with the 
appurtenances thereunto belonging, and 
the rents, issues and profits thereof, unto 
the party of the second part, its suc- 
cessors and assigns; but in trust, never- 
theless, for the equal benefit and secur- 
ity of the holders of said Street Rail- 
way Certificates, at whatever period the 
same may be issued, without preference 
or priority of one Street Railway Cer- 
tificate over another, except as herein 
otherwise provided, and for the uses and 
purposes, and upon the terms, agree- 
ments and conditions hereinafter set 
forth as follows, to-wit: 

ARTICLE I. 

All of said Street Railway Certificates 
shall be forthwith executed by the party 
of the first part hereto, and delivered 

to said ., Trustee/ 

and shall thereupon be, by said 

Trust Company, a& 

Trustee, forthwith certified and delivered 
to the party of the first part hereto, on 
its written order. All of the Street Rail- 
way Certificates issued and certified 
hereunder shall stand upon equality 
without regard to date of issue, delivery 
or certification, except as herein other^ 
wise provided. 



December 4, 



1764 



1905 



ARTICLE II. 

So long as no default shall be made 
in the payment of the principal or the 
interest of the said Street Railway Cer- 
tificates, and so long as the conditions 
of this Trust Deed shall be performed, 
the said first party, its successors, as- 
signs or lessees, shall be permitted to 
retain the possession, operation, enjoy- 
ment and control as heretofore, of said 
mortgaged property, and of its income 
and profits; but the said first party, for 
itself, its successors, assigns or lessees, 
agrees to pay promptly but solely out 
of the property hereby conveyed all 
charges against said property, so that 
the priority of these presents as herein- 
after stipulated, shall at all times be 
duly maintained and preserved; and to 
take care of and preserve the said prop- 
erty conveyed hereby and to do on de- 
mand of the said Trustee, or its succes- 
sors, all acts necessary or proper to keep 
valid the lien hereby created, and in- 
tended to ba created, and at any future 
time, and as often as may be necessary, 
to execute, on demand of the said Trus- 
tee, or its successors, all such other as- 
surances, deeds, mortgages and other in- 
struments of writing, in due form and 
effect, as may be proper for the better 
carrying out of the true intent and 
meaning of these presents; and, especial- 
ly, and at its own costs, do all things 
that may reasonably be required by the 
said second party or its successors, to 
make and keep valid the lien intended 
to be created upon any property here- 
after acquired. 

ARTICLE ni. 

Whenever and as often as default 
shall be made in the payment of any 
of said Street Railway Certificates at 
their maturity, or in the payment of the 
interest thereon when due and any such 
default in the payment of interest shall 
have continued for the space of twelve 
months after notice thereof has been 
given to the Mayor and Financial Officer 
of the City of Chicago, then and in any 



such event the Trustee hereunder may, 
upon the request of the holder or holders 
of a majority in amount of the Street 
Railway Certificates issued and out- 
standing under this Trust Deed, and 
upon being indemnified to its satisfac- 
tion, take and maintain possession of all 
and singular, the estate, property, prem-' 
ises, rights, and franchises hereby con- 
veyed or intended to be conveyed, and 
as the attorney in fact or agent of the 
party of the first part hereto, or in its 
own name, as Trustee, by itself and its 
agents and substitutes, duly appointed, 
or by Managers, Superintendents, Re- 
ceivers, or servants, have, hold, use, man- 
age, operate and enjoy same, and each 
part thereof, and the income, issues, and 
profits therefrom, to as full an extent 
as the party of the first party, its suc- 
cessors, assigns, or lessees, might law- 
fully do, making from time to time, all 
needful and proper repairs, alterations 
and additions, and receiving all tolls, in- 
comes, revenues, rents and profits from 
said mortgaged property and after de- 
ducting and defraying the expenses of 
such use, operation, repairs, alterations, 
and additions, and the costs and charges 
of taking such possession, and all pay- 
ments which may be made for charges, 
or liens, prior to the lien of this mort- 
gage, upon said mortgaged property, or 
any part thereof, and reasonable and 
proper compensation for taking such 
possession and management, while in its 
possession, and such sum or sums as 
may be sufficient to indemnify the Trus- 
tee against any liability, loss, or dam- 
age, for or on account of any matter 
or thing done in good faith in pursu- 
ance of the duties of the Trustee here- 
under, the said Trustee shall apply the 
net remaining income and revenue from 
said mortgaged property without pref- 
erence, priority or discrimination of one 
Street Railway Certificate over another, 
ratably and equally to the payment of 
the principal and accrued and accruing 
interest, due on said Street Railway 



December 4, 



1765 



1905 



I 



I 



Certificates outstanding and intended to 
be secured hereby. 

ARTICLE IV. 

Whenever and as often as default 
shall be made in the payment of the in- 
terest on any of the Street Railway Cer- 
tificates issued hereunder, when due, and 
such default shall have continued for 
the space of twelve months after notice 
thereof has been given, of such non pay- 
ment, to the Mayor and the Financial 
Officer of the City of Chicago, then and 
in any such event, the Trustee hereunder 
may, at the request of the holder or the 
holders of the majority in amount of 
the said Street Railway Certificates then 
outstanding, declare the whole of the 
principal of all the outstanding Street 
Railway Certificates hereby secured, at 
once due and payable, without any no- 
tice whatever, and upon such declara- 
tion the whole of the principal of all 
of said Street Railway Certificates shall 
at once become due and payable and the 
lien hereby created 'may be enforced 
for the whole debt, and in such everfb 
or in case default shall be made in pay- 
ment of the principal of any of said 
Street Railway Certificates at their ma- 
turity, it shall be the duty of said Trus- 
tee or its successor, in trust, upon the 
written request of the holder or holders 
of the majority in amount of the said 
Street Railway Certificates then out- 
standing hereunder, to at once institute 
and carry on such suits and proceedings 
to foreclose the lien of this Trust Deed 
as may be authorized for a foreclosure 
thereof. The 'Trustee shall first defray 
the expenses of foreclosuse, together 
with just and reasonable charges for its 
services, including reasonable attorneys 
and counsel fees, and also all advances 
and expenses reasonably made by the 
Trustee hereunder, and shall apply the 
balance of said proceeds ratably to the 
payment of the Street Railway Certifi- 
cates secured hereby, and all interest 
thereon computed to the time of making 
the payment, and if any of said pro- 
ceeds shall then remain, such remainder 



shall be turned over to the party of the 
first part hereto. In case of the filing 
of any bill to foreclose this Trust Deed 
by the Trustee as hereinabove provided, 
the complainant in said bill shall be en- 
titled to the appointment of a receiver 
forthwith and at any sale of any of the 
mortgaged property and franchises cov- 
ered hereby, the Trustee may at the 
written request of the majority in in- 
terest of the holders of the then out- 
standing Street Railway Certificates, bid 
in and purchase in person or by attorney 
the said mortgaged property in behalf 
of the holders of all of the outstanding 
Street Railway Certificates, hereby se- 
cured. 

ARTICLE v. 

In the event that this Trust Deed 
shall be foreclosed by reason of any of 
the defaults hereinbefore declared to be 
a cause of foreclosure, there shall be 
a sale of all the property, both real and 
personal, and rights and franchises here- 
by mortgaged, and then and in such 
event the title to all the property hereby 
mortgaged, both real and personal, (ex- 
clusive of franchises and operating 
rights) shall vest in the purchaser at 
such foreclosure sale and the purchaser 
at such foreclosure sale, in addition 
thereto, shall have the right to construct, 
maintain and operate the said Street 
Railways, property, rights, and fran- 
chises hereby mortgaged, during the 
period of 20 years from and after the | 
date of such sale, subject to all of the j 
requirements in the general ordinances j 
of the City of Chicago and subject to j 
the control and regulation of the cor- j 
porate authorities of said City of Chi- 
cago, to the same extent as if said prop- 
erty had been obtained through direct 
grant, without the intervention of fore- 
closure proceedings. 

ARTICLE VI. 

The party of the first part hereto 
agrees that it will at all times during 
the existence of any of the indebtedness 
secured hereby, keep insured such of its 



December 4, 



1766 



1905 



plant, buildings, stations, cars, motors, 
tools, machinery, and apparatus, and 
other property provided for use in con- 
nection with its railroads, works, sta- 
tions, and equipment, as is usually in- 
sured by companies operating like prop- 
erties, and in the same manner and to 
the same extent, and all the policies 
shall be so drawn as to make any losses 
payable thereunder go to the Trustee 
hereunder as its interest may appear. 
Accurate lists of all the policies shall 
from time to time, on demand, be furn- 
ished to the Trustee hereunder, and the 
policies themselves shall when requested, 
be deposited with said Trustee. In case 
of loss, the Trustee shall allow the in- 
surance money received on any policy 
of insurance procured by first party to 
be applied by said first party towards 
the replacement of or permanent addi- 
tions to the property destroyed or in- 
jured. If the said first party shall in 
writing so request by its Mayor, said 
Trustee shall, upon such request, pay 
over to the said first party for that pur- 
pose, on receipt of voucher showing that 
said property has been replaced by new 
or additional property costing as much 
as the amount of money so paid over, 
any or all of such insurance received on 
policies procured by said first party; 
but if the said first party shall not, 
within sixty (60) days from the time 
of such loss, request the Trustee in 
writing to so apply such insurance, then 
said money may be used by said Trus- 
tee, when requested in writing by the 
party of the first part, in paying and 
retiring the said Street Railway Certifi- 
cates with their interest coupons in the 
same order and subject to the same con- 
ditions and limitations as is herein pro- 
vided for retiring and paying said Street 
Railway Certificates by the party of the 
first part. 

In case of any loss covered by any 
policy of insurance any appraisement or 
adjustment of such loss and settlement 



and payment of indemnity therefor, 
which may be agreed upon between the 
said first party and any Insurance Com- 
pany, may be consented to and accepted 
by the said Trustee and the said Trus- 
tee shall in no way be liable or respon- 
sible for the collection of any insurance 
in case of any loss. 

ARTICLE VII 

This trust and the security hereby in- 
tended shall extend only to such Street 
Railway Certificates as shall be certified 
by the Trustee and issued by the party 
of the first party as aforesaid, and when 
all said Street Railway Certificates and 
the interest thereon shall be paid and 
discharged the trust hereby created shall 
cease, and the estate hereby granted to 
the party of the second part shall de- 
termine and become extinct, and the full 
right and title to all the premises hereby 
conveyed shall revert to and invest in 
said party of the first part without any 
further or other acknowledgment, satis- 
faction, reconveyance, re-entry or other 
acts, and the Trustee, upon payment of 
all of its reasonable fees and charges, 
shall, upon cancellation of all said Street 
Railway Certificates, and their coupons 
release this trust deed. All of the Street 
Railway Certificates issued and certified 
hereunder shall stand upon equality 
without regard to the date of issue or 
certification, except as herein otherwise 
provided. 

ARTICLE vin. 
The Comptroller of the City of Chi- 
cago shall keep a Register of all said 
Street Railway Certificates in the order 
in which the same are issued and de- 
livered to purchasers, and whenever said 
Street Railway Certificates or any of 
them shall be paid or retired by the 
City of Chicago, either before, at, or 
after their maturity, the said certificates 
shall be paid and retired in the order 
in which said certificates were so issued 
and registered, except in the event of 
foreclosure, or entry as hereinbefore 



December 4, 



1767 



1905 



provided, when all payments shall be 
made ratably. 

The City of Chicago, 

By 

Mayor. 

Attest : 



City Clerk. 



County of Cook 
State of Illinois, 



I ss. 



1, 



Notary Public in and for the County 
and State aforesaid, do hereby certify 

that ' Mayor 

of the City of Chicago, Cook County, 

Illinois, and ' 

City Clerk thereof, both personally 
known to me to be such officers respect- 
ively and to be the same persons whose 
names are subscribed to the foregoing 
instrument, appeared before me this day 
in person and acknowledged that they 
had signed, sealed and delivered the said 
instrument as their free and voluntary 
act and as the free and voluntary act 
and deed of the said City of Chicago, for 
the uses and purposes therein set forth. 
Given under my hand and notarial 

seal this ^ay «^ 

190.. 

Notary Public. 
Section 9. Upon the adoption of this 
ordinance by a vote of the people, as 
hereinafter provided, it shall be the duty 
of the Mayor of the City of Chicago and 
the Clerk of said City, to forthwith exe- 
cute and deliver to » 

Trustee, the Trust Deed hereinbefore 
provided, and likewise to forthwith exe- 
cute the Street Railway Certificates 
hereinbefore provided for and to cause 
said Street Railway Certificates to be 

certified by said ' 

Trustee, and then to deliver said Street 
Railway Certificates forthwith into the 
custody of the Comptroller of the City 
of Chicago. Upon the receipt by the 
Trustee of the Trust Deed above named. 



it shall be the duty of said 

, Trustee, to execute the 

same and record said Trust Deed in the 
manner provided by law. 

Section 10. Upon the adoption of this 
ordinance by a vote of the people, as 
hereinafter provided, the City of Chicago 
shall have authority, by ordinance, to 
acquire the Street Railway properties 
in this ordinance described or any part 
thereof, either by purchase, construction, 
condemnation or otherwise, and the City 
of Chicago is hereby authorized to pro- 
vide by ordinance from time to time be- 
fore the date of the maturity of the 
Street Railway Certificates above de- 
scribed, the number of said Street Rail- 
way Certificates that shall be issued and 
delivered to purchasers and the amount 
thereof, and the time and manner in 
which said Street Railway Certificates 
shall be issued and delivered to purchas- 
ers and used for the purpose of acquir- 
ing either by purchase, construction or 
condemnation or in any other manner 
provided by laM^ the Street Railway 
properties in this ordinance provided for 
or any part thereof, provided, howeVer, 
that nothing contained in any of said 
ordinances shall conflict with the terms 
of this ordinance or with the laws of the 
State of Illinois. And it shall be the 
duty of the Comptroller of the City 
of Chicago to countersign, and register 
and to deliver to purchasers the said 
Street Railway Certificates in such 
amounts and at such times and in such 
a manner, as he shall by an ordinance 
or ordinances of the City of Chicago be 
directed. 

Section 11. In the event that the City 
of Chicago shall execute a lease of the 
Street Railway properties above de- 
scribed or any part thereof, then the 
word "operating" as used in this ordi- 
nance shall apply to the operation of 
said Street Railway or such part thereof 
as is leased by the lessee; and the word 
"earnings" shall apply to the rentals re- 
ceived by the City of Chicago from such 
lessee. The word "purchaser" whenever 



December 4, 



1768 



190j 



used with reference to Street Railway 
Certificates in this ordinance shall mean 
any person who, for money or property 
or any valuable consideration, receives 
from the City of Chicago any such Street 
Railway Certificate. 

Section 12. These street railway cer- 
tificates in this ordinance described shall 
not be issued and secured on any street 
railway property of the City of Chicago 
in amount in excess of the cost to the 
city of such property and ten (10) per 
cent, of such cost in addition thereto; 
nor shall any such street railway cer- 
tificates be issued and delivered to pur- 
chasers under the terms of this ordinance 
except for street railway property ac- 
quired or to be acquired in the manner 
herein provided. 

Section 13. The question of the ap- 
proval of this ordinance shall be sub- 
mitted to a popular vote at the general 
election to be held the third day of April, 
1906, and if a majority of those voting 
upon such question at said election shall 
approve of this ordinance, the same shall 
thereupon be in full force and effect. 

Wheeeas, An act entitled "an act to 
authorize cities to acquire, construct, 
own, operate and lease street railways 
and to provide the means therefor," and 
approved May 11, 1903, was adopted by 
the electors of the City of Chicago April 
5th, 1904, and is now in force in this 
city ; and 

Whereas, It is provided in and by Sec- 
tion 1 thereof, among other things, as fol- 
lows: . 

"But no city shall proceed to oper- 
ate street railways unless the proposi- 
tion to operate shall first have been 
submitted to the electors of such city 
as a separate proposition and approved 
by three-fifths of those voting there- 
on." 

Now, therefore; 

Be it ordained hy the City Council of the 

City of Chicago: 

Section 1. That the question of the 



operation of street railways by the City 
of Chicago as provided in the aforesaid 
act be submitted to popular vote at the 
next election, to be held in the City of 
Chicago on the third day of April, 1906. 

Section 2. The question to be voted 
on at said election shall be, "Shall the 
City of Chicago proceed to operate street 
railways ?" 

Section 3. This ordinance shall be in 
force from and after its passage. 

minority report. 
The minority members of the Com- 
mittee on Local Transportation presented 
the following report: 

Aid. Dever moved that the report be 
deferred and published. 
The motion prevailed. 
The following is the report: 
To the EonoraMe Mayor and City Coun- 
cil of the City of Chicago : 
Gentlemen — We, the minority of the 
Local Transportation Committee, respect- 
fully report to your Honorable Body that 
we recommend as a substitute for the 
majority report the ordinances intro- 
duced in the City Council by his Honor, 
the Mayor, November 13th, 1905, entitled 
"An ordinance authorizing the City of 
Chicago to construct, acquire, purchase, 
own and maintain street railways within 
its corporate limits, and providing the 
means therefor," and the ordinance au- 
thorizing the City of Chicago to oper- 
ate street railways, and recommend that 
the ordinances be passed by your Hon- 
orable Body so that they may be sub- 
mitted to the people at the election to be 
held, April 3, 1906. 

William E. Dever, 
Nicholas R. Finn, 
Michael Zimmer, 
John J. Bradley. 



To the Honorable Mayor, and City Coun- 
cil of the City of Chicago: 
Gentlemen — The minority members 

of the Local Transportation Committee 



December 4, 



1769 



1905 



respectfully submit our minority report 
on the proposed franchise extension or- 
dinances of the Chicago City Railway 
Company, West Chicago Street Railroad 
Company and the North Chicago Street 
Railroad Company, and beg the Council 
to substitute and pass the ordinances 
which said minority offers herewith. 

It is our earnest conviction that by 
refusing to concur in this report we are 
representing the great majority of the 
electors of the City of Chicago, who, at 
the last election declared it to be the 
will of the people of Chicago that no 
further extensions of franchises be 
granted to these companies. We can 
but remember the instructions given to 
us at the polls. 

In accordance with this popular vote, 
his Honor, the Mayor, submitted to this 
Council on July 5th, 1905, two plans for 
procuring municipal ownership. These 
plans were referred to the Local Trans- 
portation Committee. 

On November 13, 1905, his Honor, the 
Mayor, submitted the draft of two or- 
dinances pursuant to one of these plans, 
authorizing the issuance of street rail- 
way certificates and municipal opera- 
tion, in accordance with the provisions 
of the Mueller law. These ordinances 
were also refered to the Local Trans- 
portation Committee. 

Without having really considered 
either of the plans submitted by the 
Mayor, and in defiance of the instruc- 
tions given by the people at the last 
three municipal elections, the Local 
Transportation Committee proceeded to 
consider and has now recommended to 
your Honorable Body ordinances extend- 
ing existing franchises for a period of 
twenty years or more. We believe that 
we would be recreant to the trust im- 
posed upon us were we to concur in this 
recommendation. 

We do not care at this time to go in- 
to full criticisms of these ordinances. 
We believe them to be so objectionable 
that they will be repudiated by the peo- 
ple by an overwhelming vote. We de- 



sire here to point out only a few of 
their most glaring failures to protect the 
people of Chicago. 

1. They do not provide a satisfac- 
tory method of acquiring municipal own- 
ership but may prevent it even after 
twenty years. 

2. They waive the city's right under 
the police power to regulate the rate of 
fare by fixing it at five cents during the 
term of the grant. 

3. They grant clandestine telephone 
and telegraph franchises for twenty 
years. 

4. They grant the right to put con- 
duits in every street and alley whether 
there is a street railroad there or not. 

5. The percentage of compensation is 
ridiculously small. 

6. Another objection that is abso- 
lutely fatal to the acquisition of munici- 
pal ownership under the proposed ordi- 
nances lies in the failure of the ordi- 
nances of the West Chicago Street Rail- 
road Company and the North Chicago 
Street Railroad Company to require the 
consent of the bondholders to the waiver 
of the 99-year act. It is a notorious 
fact that the properties of these com- 
panies are now mortgaged for more than 
they are worth and that the bondholders 
and not the companies are the real own- 
ers of the properties. The rights under 
the 99 -year act are here waived by the 
companies who have no real rights in 
these properties while the bondholders 
who are the real owners of the proper- 
ties do not join in the waiver and" there- 
fore are not bound by it. In fact, the 
city is required under the terms of these 
ordinances to pay the entire amount of 
this enormous indebtedness before it can 
acquire the properties. This is a novel 
scheme of saddling the bonded indebted- 
ness upon the city and compelling it to 
pay this enormous indebtedness which 
the companies themselves are unable to 
pay. 

These ordinances have been prepared 
and considered upon the theory that the 



December 4, 



1770 



1905 



present street railway companies now 
own certain franchises in the streets of 
Chicago and that these new and valuable 
grants are to be made upon condition 
that the said companies waive any rights 
that they may have under the so-called 
ninety-nine year act. 

No one has pretended to claim that the 
opinion of Judge Grosscup was unduly 
favorable to the City of Chicago, and 
yet under this opinion the franchises for 
270 miles of street railroads have either 
now expired or will terminate within 
two years. The total mileage occupied 
by street railroads in this city is about 
700 miles and the difference between this 
270 and 700 is made up of franchises 
that are expiring year by year. Within 
five years the franchises for more than 
three-fourths of the entire systems will 
terminate, even upon the theory held b*y 
Judge Grosscup. 

Under the holding of Judge Grosscup, 
the 99-year act applies to about 85 miles 
of streets; these 85 miles constitute a 
disjoined, disconnected system, which, 
standing alone, is worth but little for 
street car operation. 

Assuming that the 85 miles is cov- 
ered by the 99-year act, this 85 miles 
standing alone could not possibly be 
appraised for any large amount. 

The 99-year rights at their best con- 
stitute nothing but a bug-a-boo to 
frighten timid people and to be used by 
the companies as an excuse for obtain- 
ing enormously valuable franchises from 
the city. 

We are advised by counsel that the 
courts will not sustain the claims of 
these companies under the 99-year act 
even to the insignificant and discon- 
nected mileage allowed by the decree of 
Judge Grosscup. 

While this ordinance on its face pur- 
ports to grant to the -companies a fran- 
chise for the period of twenty years, yet 
it further provides that the city cannot 
repossess itself of its streets except by 
purchasing or securing some corporation 



or person that will purchase the street 
railroad properties of the companies at 
a price to be determined by arbitration, 
and this, in effect, may amount to a 
perpetual grant. 

The City of Chicago has the right to 
take absolute possession of its streets 
as soon as the franchises of these com- 
panies expire. Under these ordinances 
this right which belongs to the people 
and which it is important to preserve is 
entirely taken away and the city cannot 
get its streets, even at the expiration of 
the twenty-year period. No such inso- 
lent proposition was ever before made by 
any street railway company. 

We also take this opportunity of call- 
ing the attention of the Council to the 
fact that the grants to the companies, 
as now drawn, permit each of the com- 
panies to accept the grants severally and 
without the joint acceptance by the other 
companies that are grantees in the ordi- 
nances. The effect of this is that the 
Union Traction Company, together with 
its underlying companies, the North and 
West Side companies, may refuse or be 
unable because of their well-known legal 
and financial difficulties to accept the 
grants. If this condition should arise, 
that is, if the Union Traction Company 
and its underlying companies should re- 
fuse or be unable to accept these grants, 
then the Chicago City Railway Company 
would be presented with a 20-year grant 
without any effective limitation on the 
subject of transfers or without being 
compelled or in fact being able to pro- 
vide the citizens of Chicago with a 
through route system of transportation. 
We recommend as a substitute for the 
majority report of the Local Transporta- 
tion Committee the ordinances intro- 
duced in the City Council by his Honor, 
the Mayor, November 13, 1905, entitled 
"An Ordinance Authorizing the City of 
Chicago to Construct, Acquire, Purchase, 
Own and Maintain Street Railways 
Within Its Corporate Limits and Pro- 
viding the Means Therefor," and the 
ordinance authorizing the City of Chi- 



December 4, 



1771 



1905 



cago to operate street railways, and j 

recommend tliaf these ordinances be j 

passed by your Honorable Body and the j 

question of their adoption be placed upon j 

the ballot at the election to be held April | 

3, 1906, in accordance with the provisions i 

of the Mueller law, copies of which ordi- j 

nances are herewith attached. i 

Respectfully submitted, j 
William E. Dever, 
Nicholas E. Finn, 
Michael Zimmer. 
John J. Bradley, 



AN ORDINANCE 

Authorizing the City of Chicago to con- 
struct, acquire, purchase, own and 
maintain street railways within its 
corporate limits and providing the 
means therefor. 
Be it ordained by the City Council of the 
City of Chicago : 

Section 1. That for the purpose of 
acquiring street railways either by pur- 
chase, construction, condemnation or 
otherwise as provided by law, and for 
the equipment of such street railways 
in and upon the streets of the City of 
Chicago hereinafter described, so as to 
provide for a first-class street railway 
system, the City of Chicago may issue 
and dispose of its interest bearing 
"Street Railway Certificates" in the 
manner provided by law, not to exceed 
the sum of Seventy-five Million Dollars 
($75,000,000.00). 

Section 2. That said Street Railway 
Certificates or the proceeds arising from 
the issuance and sale thereof shall be 
used by the City of Chicago for the pur- 
pose of acquiring either by purchase, 
construction, condemnation or otherwise 
street railways, together with the equip- 
ment thereof, in and upon and along the 
following streets upon which street rail- 
way tracks are already located: 

Adams street, from Centre avenue to 
Ninety-eighth street. 

Avenue N", from Ninety-fifth street to 



Michigan avenue; thence on Ninety- 
eighth street to Avenue L. 

Avenue L, from Ninety- eighth street 
to One Hundred and Eighth street. 

Ashland avenue, from Clybourn place 
to Lake street; Twelfth to Twenty- 
second and from Twenty- second street 
to Sixty-ninth street. 

Archer avenue, from South Forty - 
eighth avenue to State street. 

North Ashland avenue, from Graceland 
avenue to Lincoln avenue. 

Bond avenue, from Seventy-eighth 
I street to Eighty-third street. 
I Bryant place, from Lake street to Ran- 
I dolph street. 

i Blue Island avenue, from Twenty- sixth 
I street to Harrison street. 
i Belmont avenue, from Milwaukee ave- 
I nue to Halsted street. 
j Cottage Grove avenue, from Seventy- 
first street to Ninety-fifth street. 
j Cottage Grove avenue, from Twenty- 
second street to South Chicago avenue. 
j Canal street, from Harrison street to 
! Eighteenth street and from Archer ave- 
i nue to Twenty-ninth street. 
I Canalport avenue, from Canal street to 
j Halsted street. 

Clinton street, from Twelfth street to 



; Milwaukee avenue. 

I Centre avenue, from Erie street to 
j Austin avenue and from Adams street to 
I Twenty-first street, and from Thirty- 
first street to Thirty-fifth street, and 
from Forty-seventh street to Seventy- 
fifth street. 

California avenue, from Belmont ave- 
nue to Chicago avenue. 

Colorado avenue, from Fortieth avenue 
to Madison street. 

Clark street, from Devon avenue to 
Twenty- second street. 

Center street, 'from Racine avenue to 
Clark street. 

Clark street, from Devon avenue to 
Howard avenue. 



December 4, 



1772 



190i 



Clybourn avenue, from Belmont ave- 
nue to Division street. 

Chicago avenue, from North Fortieth 
avenue to Clark street. 

Desplaines street, from Harrison street 
to Austin avenue. 

Devon avenue, from Evanston avenue 
to Clark street. 

Dearborn street, from Michigan street 
to Polk street. 

Division street, from California ave- 
nue to State street. 

Eighteenth street, from Leavitt street 
to Indiana avenue. 

Evanston avenue, from Devon avenue 
to Clark street. 

Elston avenue, from Montrose avenue 
to Milwaukee avenue. 

Ewing avenue, from Ninety- second 
street to One Hundred and Sixth street. 

Eighty-first street, from Vincennes 
avenue to Halsted street. 

Forty-eighth avenue. 

Forty-first street, from Halsted street 
to State street. 

Forty-third street, from State street 
to Hlinois Central Railway. 

Forty-seventh street, from Kedzie ave- 
nue to Illinois Central Railway. 

Fifty-first street, from Robey street 
to Grand boulevard. 

Fifty-fifth street, from Cottage Grove 
avenue to Illinois Central Railway. 

Fifty-ninth street, from Leavitt street 
to State street. 

Franklin street, from Washington 
street to Harrison street. 

Fourteenth street, from Robey street 
to Canal street. 

North. Fortieth avenue, from Cemetery 
to North Elston avenue. 

Fortieth avenue, from Twenty-sixth 
street to Thirty-first street. 

Franklin street, from Elm street to 
Kinzie street. 

Fulton street, from Western avenue to 
Sangamon street. 



i Fullerton avenue, from Milwaukee 
avenue to Halsted street. 

Harrison street, from Kedzie avenue to 

State street. 

Halsted street, from Evanston avenue 
to Seventy-ninth street.- 

Halsted street, from Eighty -first street 
to Vincennes road. 

Indiana avenue, from Eighteenth street 
to Fifty-first street. 

Indiana street and Grand avenue, from 
North Fortieth avenue to State street. 

Irving Park boulevard, from Milwau- 
kee avenue to Evanston avenue. 

Indianapolis avenue, from Ewing ave- 
nue to One Hundred and Sixth street. 

Jefferson street, from Fourteenth 
street to Washington street. 

Jackson Park avenue, from Sixty- sec- 
ond street to Ninety-seventh street. 

Keefe avenue, from Sixty-ninth street 
to Sixty-eighth street. 

Kedzie avenue, from Chicago avenue to 
Twelfth street, and from Twenty-sec- 
ond street to Thirty-fifth street and from 
Thirty-eighth street to Sixty-third 
street. 

LaSalle street, from Illinois street to 
Monroe street. 

Lawndale avenue, from Twenty-second 
street to Thirty-fifth street. 

Lake street, from Austin avenue to 
Wabash avenue. 

Lawrence avenue, from Milwaukee 
avenue to Evanston avenue. 

Larrabee street, from Lincoln avenue 
to Chicago avenue. 

Lincoln avenue, from Forest avenue to 
Sedgwick street. 

Monroe street, from Sangamon street 
to Canal street and from LaSalle street 
to Dearborn street. 

Morgan street, from Thirty-first street 
to Thirty-ninth street. 

Milwaukee avenue, from Lawrence ave- 
nue to Lake street. 

Montrose avenue, from North Forty- 
sixth avenue to Evanston avenue. 



December 4, 



1773 



1905 



Madison street, from Austin avenue to 
Michigan avenue. 

Madison avenue, from Sixty-seventh 
street to South Chicago avenue. 

Michigan avenue, from Ninety-fifth 
street to One Hundred and Twenty- 
fourth street. 

North avenue, from North Forty- sixth 
avenue to Clark street. 

Ninety- second street, from Commercial 
avenue to Ewing avenue. 

Ninety-third street, from Alley to Cot- 
tage Grove avenue. 

Ninety-fourth street, from Jackson 
Park avenue to Washington avenue; 
thence in Alley to Ninety-third street. 

Ninety-fifth street, from Cottage Grove 
avenue to Michigan avenue. 

Orleans street, from Kinzie street to 
Division street. 

Ogden avenue, from Fortieth avenue 
to Randolph street. 

One Hundred and Third street, from 
Michigan avenue to Vincennes road. 

One Hundred and Sixth street, from 
Torrence avenue to Indianapolis avenue. 
One Hundred and Eighth street, from 
Avenue L to Avenue F. 

One Hundred and Thirteenth street, 
from Stephenson avenue to Michigan 
avenue. 

One Hundred and Fifteenth street, 
from Stephenson avenue to Michigan 
avenue. 

One Hundred and Sixteenth sti-eet, 
from Michigan avenue to Wentworth 
avenue. 

One Hundred and Nineteenth street, 
from Michigan avenue to Halsted street; 
thence on Halsted street from One Hun- 
dred and Nineteenth street to One Hun- 
dred and Twenty-first street. 

Paulina street, from Lake street to 
Twelfth street. 

Pullman drive, from Ninety- seventh 
street to Cottage Grove avenue; thence 
on Cottage Grove avenue to One Hun- 
dred and Fifth street; thence on Fulton 



street to One Hundred and Seventh 
street; thence on One Hundred and Sev- 
enth street to Stephenson avenue; thence 
on Stephenson avenue to One Hundred 
and Fifteenth street. 

Pullman avenue, from One Hundred 
and Thirteenth to One Hundred and Fif- 
teenth street. 

Randolph street, from Ogden avenue 
to Michigan avenue. 

Rockwell street, from Twenty- second 
street to Twenty-fifth street. 

North Robey street, from Balmoral' 
avenue to Irving Park boulevard. 

Robey street, from Fullerton avenue 
to Blue Island avenue. 

East Ravenswood Park, from Cemetery 
Gate to Balmoral avenue. 

Racine avenue, from Fullerton avenue 
to Center street. 

Railroad avenue, from Seventy- third 
avenue to Seventy-eighth avenue. 

Sixty-first street, from Wentworth 
avenue to Illinois Central Railway. 

Sixty-third street, from Hyman ave- 
nue to Stoney Island avenue. 

Sixty-ninth street, from Western ave- 
nue to Keefe avenue. 

Sixty-eighth street, from Keefe ave- 
nue to Cottage Grove avenue. 

Seventy-ninth street, from Halsted 
street to Vincennes road. 

South Chicago avenue, from Seventy- 
fifth street to Cottage Grove avenue. 

Sixty- sixth street, from South Park 
avenue to St. Lawrence avenue. 

Sixty-seventh street, from Vernon 
avenue to Vincennes avenue; Saint Law- 
rence avenue to Jackson Park avenue. 
Seventieth street, from Madison ave- 
nue to Yates avenue. 

Seventy-first street, from Cottage 
Grove avenue to State street. 

Seventy-third street, from Jackson 
Park avenue to Railroad avenue. 

Seventy-fifth street, from Stewart 
avenue to Lake avenue. 



December 4, 



1774 



1905 



Seventy- eighth street, from Railroad 
avenue to Lake avenue; thence on Lake 
avenue to Cheltenham place; thence on 
Cheltenham place to Seventy-ninth 
street. 

Seventy-ninth street, from State 
street to Vincennes avenue. 

Seventy-ninth street, from Jackson 
Park avenue to Ontario avenue; thence 
on Ontario avenue to Eighty -third 
street;, thence on Eighty- third street 
to Superior avenue; thence on Superior 
and Buffalo avenues, to Ninety-second 
street. 

Saint Lawrence avenue, from Sixty- 
sixth street to Seventy-fifth street. 

State street, from Division street to 
Vincennes road. 

Sixty-fourth street, from Jackson 
Park avenue to Madison avenue. 

South Park avenue, from Sixty- third 
avenue to South Chicago avenue. 

South Chicago avenue, from Vincennes 
avenue to Cottage Grove avenue; Illinois 
Central Right of Way of Ninety-fifth 
street. 

State street, from Seventy-first street 
to Seventy-ninth street. 

Sheffield avenue, from North Clark 
street to Lincoln avenue. 

Sangamon street, from Austin avenue 
to Adams street. 

Sedgwick street, from Center street to 
Division street. 

Southport avenue, from North Clark 
street to Clybourn place. 

Twenty-first street, from Marshall 
boulevard to Halsted street. 

Twenty- second street, from South 
Fortieth avenue to Cottage Grove ave- 
nue. 

Twenty- sixth street, from South For- 
ty-fourth avenue to Blue Island avenue 
and from Halsted street to Cottage 
Grove avenue. 

Thirty-first street, from Pitney court 
to Lake Park avenue. 

Thirty-fifth street, from South Cali- 



fornia avenue to Cottage Grove avenue. 

Thirty-eighth ^ street, from Central 
Park avenue to Archer avenue. 

Thirty-ninth street, from Halsted 
street to Cottage Grove avenue. 

Twenty-ninth street, from Canal 
street to Wallace street. 

Twenty-fifth street, from Rockwell 
street to Lawndale avenue. 

Throop street, from Twenty-first 
street to Thirty-first street. 

Taylor street, from Western avenue 
to Fifth avenue. 

Twelfth street, from South Forty- 
eighth avenue to Wabash avenue. 

Vincennes road, from Seventy-ninth 
street to State street. 

Vernon avenue, from Sixty- third 
street to Sixty-seventh street. 

Vincennes avenue, from Seventy-ninth 
street to Eighty-first street. 

Vincennes road, from Halsted street 
to One Hundred and Seventh street. 

Van Buren street, from Kedzie avenue 
to Wabash avenue. 

Wabash avenue, from Lake street to 
Twenty-second street. 

Wallace street, from Twenty-ninth 
street to Forty-first street. 

Wentworth avenue, from Archer ave- 
nue to Vincennes road. 

Wentworth avenue, from One Hundred 
and Sixteenth street to One Hundred and 
Eighteenth street. 

Wells street and Fifth avenue, from 
Clark street to Twelfth street. 

Western avenue, from Belmont avenue 
to Twenty- sixth street and from Archer 
avenue to Seventy-first street. 

Washington street, from Desplaines . 
street to Michigan avenue, 

Yates avenue, from Sixty- seventh 
street to Seventy-first street; thence on 
Seventy-first street to Coles avenue; 
thence on Coles avenue to Seventy-ninth 
street, and upon and along such other 
streets or highways within said City of 



December 4, 



1775 



1905 



Chicago as may be hereafter by ordi- 
nance designated; provided, however, 
that the City Council shall have power, 
from time to time, to change, alter or 
extend the system of street railways 
above designated. 

It being the intention of this ordinance 
to authorize the acquisition by the City 
of Chicago of street railways, upon and 
along every street or part thereof within 
the City of Chicago that is now occupied 
by street railways, whether enumerated 
in the foregoing table of streets or not. 
Section 3. That the Street Railway 
Certificates to be issued hereunder shall 
be in substantially the form, words and 
figures hereinafter, in the form of trust 
deed, set forth. 

Section 4. The Street Eailway Cer- 
tificates hereby authorized, shall, under 
no circumstances, be or become an obli- 
gation or liability of the city or payable 
out of any general fund thereof, but shall 
be payable solely out of the revenue or 
income to be derived from the Street 
Eailway properties, for the acquisition 
of which they were issued. 

Section 5. Out of the earnings of said 
Street Railway property, after paying 
the cost of operating and maintaining 
the same and the interest on all out- 
standing railway certificates issued to 
purchasers, shall be set aside a sinking 
fund, to be used in retiring and paying 
all outstanding Street Railway Certifi- 
cates at or before their maturity. Said 
sinking fund, together with all other 
money pertaining to said Street Railway 
property of the City of Chicago shall be 
kept by the Treasurer of the^ City of 
Chicago, and the Comptroller of the City 
of Chicago shall advertise for bids from 
banks doing business within the City 
of Chicago for interest upon said sink- 
ing fund and said street railway money, 
at the same time and in the same man- 
ner as said Comptroller is now required 
by law to advertise for bids for interest 
on the money of the City of Chicago, 
and said City of Chicago shall award 
said Street Railway moneys in the same 



manner, and to the same bank, or banks, 
and require the same security that is 
now required by law with reference to 
the money of the City of Chicago, and 
all laws now in force applicable to the 
depositing of the money of the City of 
Chicago with banks and the receipt by 
said city of interest thereon shall apply 
to the said Street Railway moneys of 
the City of Chicago. 

Section 6. For the purpose of retir- 
ing all Street Railway Certificates is- 
sued to purchasers and outstanding, un- 
der the provisions of this ordinance, the 
City of Chicago shall pay into said sink- 
ing fund from the earnings of said Street 
Railway property, on the first day of 
August next after the date of the deliv- 
ery of each certificate to the purchaser 
and on the first day of August next of 
each succeeding year thereafter, until the 
maturity of each certificate, an annual 
installment, the amount of which in- 
stallment shall be determined in the fol- 
lowing manner : The principal amount of 
each outstanding Street Railway Certifi- 
cate shall be divided by the number of 
years intervening between the date said 
certificate was issued to the purchaser 
and the date of the maturity of said 
certificate. The quotient thus obtained 
shall be used as a basis for determin- 
ing the amount of each annual in- 
stallment on said certificate. The first 
annual installment shall be an amount 
which, when placed at three per cent 
annual compound interest from the first 
day of August next after the date said 
certificates was issued and delivered to 
the purchaser until the date of the ma- 
turity of said certificate, will equal the 
quotient above named. The second in- 
stallment shall be such an amount which, 
when placed at the same rate of interest 
from the date said second annual in- 
stallment is to be paid, in the manner 
above provided, until the date of the ma- 
turity of said certificate, will equal 
the quotient above named. Installments 
computed in the same way shall be paid 
into the sinking fund on the first day of 



December 4, 



1776 



1905 



August of each succeeding year there- 
after, so as to provide for the payment 
in full of said certificate at the date of 
its maturity, and each Street Railway 
Certificate issued to purchaser under the 
terms of this ordinance shall be retired, 
by the payment from the earnings of 
said street railway property into said 
sinking fund in successive installments 
in the manner above described. Should 
the City of Chicago fail to realize at the 
end of any year three per cent annua] 
interest on its sinking fund from the 
bank, or banks, with which said fund 
is deposited, then said city shall pay out 
of the earnings of said Street Railway 
property the deficiency at the end of 
each year, so as to keep said sinking 
fund at all times sufficient in amount 
to retire the outstanding Street Railway 
Certificates in the manner above de- 
scribed. Should the said city, at the end 
of any year, realize more than three per 
cent annual interest on said sinking fund, 
then the excess may be used in paying 
into said sinking fund the subsequent 
annual installments. 

The City of Chicago is hereby author- 
ized at any time after the expiration of 
five years from the date said Street Rail- 
way Certificates are issued to purchas- 
ers to use any or all of the moneys de- 
posited in the said sinking fund in retir- 
ing and paying outstanding Street Rail- 
way Certificates in the order in which 
said certificates were issued to purchas- 
ers. Should the said City of Chicago 
elect to retire any of the Street Railway 
Certificates before their maturity and 
use the said sinking fund for that pur- 
pose, then in such an event a new sink- 
ing fund shall be provided by the said 
City of Chicago, beginning at the date 
that the moneys of the first sinking fund 
are used for the purpose of retiring out- 
standing certificates, and said new sink- 
ing fund shall likewise be made up of 
annual installments to be of the same 
proportionate amount and computed in 
the same manner as hereinabove set 
forth, so as to provide for the payment 



in full of all of said outstanding street 
Railway Certificates at the date of their 
maturity. Should the earnings of said 
Street Railway property, during any 
year or years for the first period of five 
years from and after the date said Street 
Railway Certificates are issued and de- 
livered to purchasers, be insufficient to 
pay into the sinking fund the install- 
ments above provided for, then the City 
of Chicago is hereby authorized to pay 
the balance of said money into said sink- 
ing fund on any succeeding year before 
the expiration of said five year period. 

Section 7. After paying the cost of 
operating and maintaining the said 
Street Railway property and the in- 
terest on all outstanding Street Railway 
Certificates and the sinking fund above 
provided for, the said city may by ordi- 
nance or ordinances, out of the balance 
of said earnings, make extensions of the 
system of Street Railways above pro- 
vided for and renew the equipment 
thereof; provided, however, that until 
the indebtedness hereby secured shall 
have been discharged, such extensions 
made in any one year out of said earn- 
ings shall not exceed five per cent (5%) 
of the then total mileage of said system. 

Section 8. In order to secure the 
payment of any such Street Railway 
Certificates and the interest thereon, the 
City is hereby authorized to convey by 

deed of trust to 

Trustee, as 

hereinafter provided, all of the Street 
Railway property acquired or to be ac- 
quired through the issuance thereof, 
which mortgage or deed of trust shall 
be substantially in manner and form as 
follows : 

TRUST DEED FOR MUNICIPAL RAILAVAYS. 

This Indenture, Made this day 

of A. D. 190.., by and 

between the City of Chicago, a Municipal 
Corporation, created and existing under 
and by virtue of the laws of the State 
of Illinois, hereinafter for convenience 
sometimes called the "City," party of 



December 4, 



1777 



1905 



the first part, and the 

Trust Company, a cor- 
poration also created and existing under 
and by virtue of the laws of the State 
of Illinois, having its chief place of busi 
ness in the City of Chicago, Illinois, and 
hereinafter for convenience sometimes 
called the ''Trustee," party of the sec- 
ond part, Witnessetli : 

Wheeea^, The said City is desirous of 
acquiring, purchasing, constructing, and 
equipping a system of Street Railways 
within the said City of Chicago; and 

Whereas, The said city did, on the 
fifth day of April, A. D. 1904, submit to 
the electors of said city, the question of 
the adoption of an act of the legislature 
of the State of Illinois, entitled "An 
Act to authorize cities to acquire, con- 
struct, own, operate and lease Street 
Railways, and provide means therefor;" 
and 

Whereas, A majority of those voting 
thereon approved the adoption of said 
act at said election; and 

Whereas, The question of the adop- 
tion of an ordinance of the City Coun- 
cil, making provision for the issuance 
of Street Railway Certificates and this 
Trust Deed, securing the same, was sub- 
mitted to a popular vote of the electors 
of the said City of Chicago on the 

day of A. D. 

190.., and was approved by a majority 
of the qualified voters of the city, vot- 
ing upon such question, and 

Whereas, The said city is, by law, 
authorized to issue the Street Railway 
Certificates hereinafter specified, for the 
purpose of acquiring, constructing and 
equipping a system of Street Railways, 
upon the streets and highways within 
the City of Chicago, and to mortgage 
any and all of the Street Railway prop- 
erty, acquired or to be acquired through 
the issuance thereof, and 

Whereas, The said city has, in ac- 
cordance with its said ordinance, and 
in accordance, with the approval of the 
majority of the electors of said city, 



voting thereon at said election, and for 
the purpose named in said ordinance, 
duly executed and is about to dispose 
of its said Street Railway Certificates 
for the aggregate principal amount of 
Seventy-five Million Dollars, those in 
Series A numbered from 1 to 65,000, 
both inclusive, being for $1,000.00 each; 
those in Series B, numbered from 65,- 
001 to 75,000, both inclusive, being for 
$500.00 each; those in Series C num- 
bered from 75,001 to 120,000, both in- 
clusive, being for $100.00 each; and those 
in Series D numbered from 120,001 to 
126,000, both inclusive, being for $50.00 
each; and those in Series E numbered 
from 126,001 to 131,000, both inclusive, 
being for $20.00 each; and those in 
Series F numbered from 131,001 to 141,- 
000, both inclusive, being for $10.00 

each ; dated the 

day of , 190.., all of 

said Street Railway Certificates due and 
payable by their terms on or before the 

first day of 190. ., 

as hereinafter specified, and bearing in- 
terest at the rate of five per cent (5%) 
per annum, payable half yearly, for 
which interest coupons are attached' to 
said Street Railway Certificates re- 
spectively, said certificates, interest cou- 
pons, and the Trustee's Certificate on said 
Street Railway Certificates being sub- 
stantially in the following forms respec- 
tively, to-wit: 

UNITED STATES OF AMERICA, CITY OF CHI- 
CAGO, FIVE PER CENT GOLD MORTGAGE 
STREET RAILWAY CERTIFICATE. 

Series Number 

Whereas, The City of Chicago, a 
Municipal Corporation, duly created and 
existing under the laws of the State of 
Illinois did, on the fifth day of April, 
A. D. 1904, submit to the electors of 
said city, the question of the adoption 
of an act of the legislature of the State 
of Illinois, entitled "An Act to authorize 
cities to acquire, construct, own, operate, 
and lease Street Railways, and provide 
the means therefor," and Jl 

Whereas, A majority of those voting ^1 



December 4, 



1778 



1905 



thereon approved the adoption of said 
act at said election, and 
Whereas, The City Council of the 

City of Chicago, on the 

<iay of A. D. 190.., 

passed a certain ordinance making pro- 
vision for the issuance of the Street 
Railway Certificates, hereinafter speci- 
fied, and the issuance of the mortgage 
securing the same, and 

Whereas, The question of the adop- 
tion of the said ordinance of the City 
Council of the City of Chicago, making 
provision for the issuance of said Street 
Eailway Certificates and the Trust Deed 
secm-ing the same was submitted to a 
popular vote of the electors of the said. 

City of Chicago, on the ...... day 

of A. D. 190.., 

and was approved by a majority of the 
qualified voters of the said City voting 
upon such question. 

A'oty Therefore, For value received, the 
City of Chicago hereby promises to pay 

to the bearer hereof, the sum of 

in gold coin of 

the United States of America, of the 
present or an equal standard of weight 
and fineness, on the first day of July, 
A. D. 190. ., and to pay interest thereon 
in like gold coin at the rate of five per 
cent. (5%) per annum, payable semi an- 
nually on the first days of January and 
July in each year, until paid, on presen- 
tation and surrender of the annexed in- 
terest coupons as they respectively be- 
come due. Both the principal hereof 
and the interest hereon shall be payable 
at the office of the City Treasurer of the 
City of Chicago in the City of Chicago, 
Illinois. This certificate is one of a se- 
ries of 141,000 certificates of like tenor 
and date, numbered consecutively from 
one to 141,000, both inclusive, for the 
aggregate principal amount of Seventy- 
five Million Dollars. Those in Series A, 
numbered from one to 65,000, both in- 
elusive, being for $1,000.00 each; those 
in Series B., numbered from 65,001 to 
75,000, both inclusive, being for $500.00 
each; those in Series C, numbered from 



75,001 to 120,000, both inclusive, being 
for $100.00 each, and those in Series D° 
numbered from 120,001 to 126,000, both 
inclusive, being for $50.00 each; those 
in Series E., numbered from 126,001 to 
131,000, both inclusive, being for $20.00 
each; and those in. Series F., numbered 
from 131,001 to 141,000, both inclusive, 
being for $10.00 each; all of which are 
equally secured by mortgage or deed of 
trust bearing even date herewith, made 

by the City of Chicago to the 

as Trus- 
tee, and covering the whole of the Street 
Railways owned by the City of Chicago 
or hereafter acquired by said City, and 
all of its stations, cars, equipment, 
rights, franchises, and property of all 
kinds, real and personal, obtained or held 
for use in connection with its said street 
railways, whether now owned or here- 
after acquired. Whenever default shall 
be made in the payment of any interest 
coupon hereon, and such default shall 
have continued for the space of twelve 
months after notice thereof has been 
given to the Mayor and financial officer 
of the City of Chicago, it shall be law- 
ful for the Trustee herein, upon the re- 
quest of the holder or holders of a ma- 
jority, in amount of the certificates is- 
sued and outstanding under said mort- 
gage or deed of trust, to declare the 
whole of the principal of all such cer- 
tificates as may be outstanding to be at 
once due and payable, and to proceed to 
foreclose such mortgage or deed of trust 
in any court of competent jurisdiction. 
It is agreed by the holder hereof that 
this Street Railway Certificate shall, un- 
der no circumstances, be or become an 
obligation or a liability of the city, or 
payable out of any general fund thereof, 
but shall be payable solely out of that 
portion of the revenue or income derived 
from the said Street Railway properties, 
specified in said mortgage or trust deed. 
This certificate shall pass by delivery 
until it has been registered on the books 

of said 

Trustee, at its office in the City of Chi- 



December 4, 



1779 



1905 



cago, Illinois, but after registration of 
ownership, fully endorsed hereon, no 
transfer thereof except on the books of 

said Trustee 

shall be valid unless the last registra- 
tion shall have been to bearer, and this 
certificate shall continue subject to the 
registration and transfer to bearer at the 
option of the holder. The registration 
hereof shall not restrain the negotia- 
bility of the interest coupons by delivery 
merely, and said coupons shall continue 
to be transferable by delivery, notwith- 
standing the registration of this certifi- 
cate. Provided, however, that the cou- 
pons may be surrendered at the time of 
the registry of this certificate and can- 
celled, and such cancellation noted by 
the Trustee on the back of the certifi- 
cate, after which transferability of this 
certificate by delivery cannot be restored 
and thereafter the same shall be trans- 
ferable only on said books, and the in- 
terest thereon semi-annually and the 
principal thereof, when due, shall be 
payable only to the registered owner or 
his legal representative. Each registra- 
tion shall be evidenced by the nota- 
tion of the Trustee on the back thereof. 
This certificate may, at the debtor's op- 
tion be redeemed and paid at said oSice 

of said , Trustee, 

in Chicago, 111., on any semi-annual m- 
terest payment day, not however in any 
event Tess than five years after the date 
of its issue, upon and by the payment 
of the principal thereof, and all interest 
due thereon, at the date of such redemp- 
tion, provided, however, that notice of 
the intention of the City of Chicago so 
to redeem and pay on any interest pay- 
ment day, as aforesaid, shall be given 

either by said ' 

Trustee, or by the City of Chicago, once 
in each week for four successive weeks 
in some newspaper of general circula- 
tion at such time published in the City 
of Chicago, Illinois, the first publication 
in each case to be at least three months 
prior to the date of redemption period. 
This Certificate shall not be obligatory 
until authenticated by the signature 



said Trustee, 

under said trust deed, to the Trustee's 
certificate endorsed thereon. 

In Witness Whereof, The City of Chi- 
cago has hereunto caused its corporate 
name to be set by its Mayor, and its seal 
to be affixed by its City Clerk, and has 
caused the interest coupons hereto at- 
tached to be authenticated by the fac- 
simile signature of its Clerk, this 

day of 

A. D. 190... 

THE CITY OF CHICAGO, 



By 



Mayor. 



Attest : 



City GlerJc. 



Countersigned. 



City Comptroller. 

INTEREST COUPON. 

The City of Chicago will pay to the 
bearer hereof at the office of the City 
Treasurer of the City of Chicago, in Chi- 
cago, Illinois, . 

Dollars in gold coin of the United States, 
being six months' interest on its Street 
Railway Certificates, Series A, No 



City Clerk. 



A. 

Coupon No. 



190, 



of 



This coupon subject to the provisions 
of said Street Railway Certificates. 

Now Therefore, For and in considera- 
tion of the premises, and the sum of 
One Dollar ($1.00), cash in hand paid 
to the party of the first part hereto by 
the party of the second part hereto, upon 
the unsealing and delivering of these 
presents the receipt of which is hereby 
acknowledged and in order to secure the 
payment of said Street Railway Certifi- 
cates, and the interest thereon, accord- 
ing to ttie tenor of said Street Railway 
Certificates, and the interest coupons 
thereto respectively attached, the said 



December 4, 



1780 



1905 



City has granted and conveyed, and by 
these presents does grant and convey, 
unto the party of the second part here- 
to, its successors in trust and asigns, 
forever, the following described premises, 
properties, rights and franchises, to-wit: 
All of the Street Railways of the 
party of the first part, located in, upon 
and along all of the streets and public 
places in the City of Chicago, as well 
as all such as are located upon private 
rights of way, with all the tracks, poles, 
wires, cables, rights of way, motors, 
equipment, machinery, tools, appliances, 
power houses, car barns, and supplies, 
leases, contracts, rights, privileges, fran- 
chises and property of all kinds of the 
party of the first part hereto, obtained 
for or used upon or for or in connection 
with the operation of its railways, and 
whether now o^^Tied or hereafter ac- 
quired. 

To Have and to Hold all of said rail- 
ways, premises, properties, rights and 
franchises of all kinds, hereby conveyed 
and intended to be conveyed, with the 
appurtenances thereunto belonging, ana 
the rents, issues and profits thereof, unto 
the party of the second part, its suc- 
cessors and assigns; but in trust, never- 
theless, for the equal benefit and secur- 
ity of the holders of said Street Rail- 
way Certificates, at whatever period the 
same may be issued, without preference 
or priority of one Streeet Railway Cer- 
tificate over another, except as herein 
otherwise provided, and for the uses and 
purposes, and upon the terms, agree- 
ments and conditions hereinafter set 
forth as follows, to-wit: 

ARTICLE I. 

All of said Street Railway Certificates 
shall be forthwith executed by the party 
of the first part hereto, and delivered 

^o said ^ Trustee, 

and shall thereupon be, by said 

Trust Company, as 

Trustee, forthwith certified and delivered 
to the party of the first part hereto, on 
its written order. All of the Street Rail- 
way Certificates issued and certified 



hereunder shall stand upon equality 
without regard to date of issue, delivery 
or certification, except as herein other- 
wise provided. 

ARTICLE II. 

So long as no default shall be made 
in the payment of the principal or the 
interest of the said Street Railway Cer- 
tificates, and so long as the conditions 
of this Trust Deed shall be performed, 
the said first party, its successors, as- 
signs or lessees, shall be permitted to 
retain the possession, operation, enjoy- 
ment and control as hertofore, of said 
mortgaged property, and of its income 
and profits; but the said first party, for 
itself, its successors, assigns or lessees, 
agrees to pay promptly but solely out 
of the property hereby conveyed all 
charges against said property, so that 
the priority of these presents as herein- 
after stipulated, shall at all times be 
duly maintained and preserved; and to 
take care of and preserve the said prop- 
erty conveyed hereby and to do on de- 
mand of the said Trustee, or its succes- 
sors, all acts necessary or proper to keep 
valid the lien hereby created, and in- 
tended to be created, and at any future 
time, and as often as may be necessary, 
to execute, on demand of the said Trus- 
tee, or its successors, all such other as- 
surances, deeds, m'ortgages and other in- 
struments of writing, in due form and 
eflect, as may be proper for the better 
carrying out of the true intent and 
meaning of these presents; and, especial- 
ly, and at its own costs, do all things 
that may reasonably be required by the 
said second party or its successors, to 
make and keep valid the lien intended 
to be created upon any property here- 
after acquired. 

ARTICLE III. 

Whenever and as often as default 
shall be made in the payment of any 
of said Street Railway Certificates at 
their maturity, or in the payment of the 
interest thereon when due and any such 
default in the payment of interest shall 
have continued for the space of twelve 



December 4, 



1781 



1905 



months after notice thereof has been 
given to the Mayor and Financial Officer 
of the City of Chicago, then and in any 
such event the Trustee hereunder may, 
upon the request of the holder or holders 
of a majority in amount of the Street 
Railway Certificates issued and out- 
standing under this Trust Deed, and 
upon being indemnified to its satisfac- 
tion, take and maintain possession of all 
and singular, the estate, property, prem- 
ises, rights, and franchises hereby con- 
veyed or intended to be conveyed, and 
as the attorney in fact or agent of the 
party of the first part hereto, or in its 
own name, as Trustee, by itself and its 
agents and substitutes, duly appointed, 
or by Managers, Superintendents, Re- 
ceivers, or servants, have, hold, use, man- 
age, operate and enjoy same, and each 
part thereof, and the income, issues, and 
profits therefrom, to as full an extent 
as the party of the first party, its suc- 
cessors, assigns, or lessees, might law- 
fully do, making from time to time, all 
needful and proper repairs, alterations 
and additions, and receiving all tolls, in- 
comes, revenues, rents and profits from 
said mortgaged property, and after de- 
ducting and defraying the expenses of 
such use, operation, repairs, alterations, 
and additions, and the costs and charges 
of taking such possession, and all pay- 
ments which may be made for charges, 
or liens, prior to the lien of this mort- 
gage, upon said mortgaged property, or 
any part thereof, and reasonable and 
proper compensation for taking such 
possession and management, while in its 
possession, and such sum or sums as 
may be sufficient to indemnify the Trus- 
tee against any liability, loss, or dam- 
age, for or on account of any matter 
or thing done in good faith in pursu- 
ance of the duties of the Trustee here- 
under, the said Trustee shall apply the 
net remaining income and revenue from 
said " mortgaged property without pref- 
erence, priority or discrimination of one 
Street Railway Certificate over another, 
ratably and equally to the payment of 



the principal and accrued and accruing 
interest, due on said Street Railway 
Certificates outstanding and intended to 
be secured hereby. 

ARTICLE IV. 

Whenever and as often as default 
shall be made in the payment of the in- 
terest on any of the Street Railway Cer- 
tificates issued hereunder, when due, and 
such default shall have continued for 
the space of twelve months after notice 
thereof has been given, of such non pay- 
ment, to the Mayor and the Financial 
Officer of the City of Chicago, then and " 
in any such event, the Trustee hereunder 
may, at the request of the holder or the 
holders of the majority in amount of 
the said Street Railway Certificates then 
outstanding, declare the whole of the 
principal of all the outstanding Street 
Railway Certificates hereby secured, at 
once due and payable, without any no- 
tice whatever, and upon such declara- 
tion the whole of the principal of all 
of said Street Railway Certificates shall 
at once become due and payable and the 
lien hereby created may be enforced 
for the whole debt, and in such event 
or in case default shall be made in pay- 
ment of the principal of any of said 
Street Railway Certificates at their ma- 
turity, it shall be the duty of said Trus- 
tee or its successor, in trust, upon the 
written request of the holder or holders 
of the majority in amount of the said 
Street Railway Certificates then out- 
standing hereunder, to at once institute 
and carry on such suits and proceedings 
to foreclose the lien of this Trust Deed 
as may be authorized for a foreclosure 
thereof. The Trustee shall first defray 
the expenses of foreclosure, together 
with just and reasonable charges for its 
services, including reasonable attorneys' 
and counsel fees, and also all advances 
and expenses reasonably made by the 
Trustee hereunder, and shall apply the 
balance of said proceeds ratably to the 
payment of the Street Railway Certifi- 
cates secured hereby, and all interest 
thereon computed to the time of making 



December 4, 



1782 



1905 



the payment, and if any of said pro- 
ceeds shall then remain, such remainder 
shall be turned over to the party of the 
• first part hereto. In case of the filing 
of any bill to foreclose this Trust Deed 
by the Trustee as hereinabove provided, 
the complainant in said bill shall be en- 
titled to the appointment of a receiver 
forthwith and at any sale of any of the 
mortgaged property and franchises cov- 
ered hereby, the Trustee may at the 
written request of the majority in in- 
terest of the holders of the then out- 
standing Street Railway Certificates, bid 
in and purchase in person or by attorney 
the said mortgaged property in behalf 
of the holders of all of the outstanding 
Street Railway Certificates, hereby se- 
cured. 

ARTICLE v. 

In the event that this Trust Deed 
shall be foreclosed by reason of any of 
the defaults hereinbefore declared to be 
a cause of foreclosure, there shall be 
a sale of all the property, both real and 
personal, and rights and franchises here- 
by mortgaged, and then and in such 
event the title to all the property hereby 
mortgaged, both real and personal, (ex- 
clusive of franchises and operating 
rights) shall vest in the purchaser at 
such foreclosure sale and the purchaser 
at such foreclosure sale, in addition 
thereto, shall have the right to construct, 
maintain and operate the said Street 
Railways, property, rights, and fran- 
chises hereby mortgaged, during the 
period of 20 years from and after the 
date of such sale, subject to all of the 
requirements in the general ordinances 
of the City of Chicago and subject to 
the control and regulation of the cor- 
porate authorities of said City of Chi- 
cago, to the same extent as if said prop- 
erty had been obtained through direct 
grant, without the intervention of fore- 
closure proceedings. 

ARTICLE VI. 

The party of the first part hereto 



agrees that it will at all times during 
the existence of any of the indebtedness 
secured hereby, keep insured such of its 
plant, buildings, stations, cars, motors, 
tools machinery and apparatus, and 
other property provided for use in con- 
nection with its railroads, works, sta- 
tions and equipment, as is usually in- 
sured by companies operating like prop- 
erties, and in the same manner and to 
the same extent, and all the policies 
shall be so drawn as to make any losses 
payable thereunder go to the Trustee 
hereunder as its interest may appear. 
Accurate lists of all the policies shall 
from time to time, on demand, be furn- 
ished to the Trustee hereunder, and the 
policies themselves shall when requested, 
be deposited with said Trustee. In case 
of loss, the Trustee shall allow the in- 
surance money received on any policy 
of insurance procured by first party to 
be applied by said first party towards 
the replacement of or permanent addi- 
tions to the property destroyed or in- 
ured. If the said first party shall in 
writing so request by its Mayor, said 
Trustee shall, upon such request, pay 
over to the said first party for that pur- 
pose, on receipt of voucher showing that 
said property has been replaced by new 
or additional property costing as much 
as the amount of money so paid over, 
any or all of such insurance received on 
policies procured by said first party; 
but if the said first party shall not, 
within sixty (60) days from the time 
of such loss, request the Trustee in 
writing to so apply such insurance, then 
said money may be used by said Trus- 
tee, when requested in writing by the 
party of the first part, in paying and 
retiring the said Street Railway Certifi- 
cates with their interest coupons in the 
same order and subject to the same con- 
ditions and limitations as is herein pro- 
vided for retiring and paying said Street 
Railway Certificates by the party of the 
first part. 

In case of any loss covered by any 
policy of insurance any appraisment or 



L 



December 4, 



1783 



1905 



adjustment of such loss and settlement 
and payment of indemnity therefor, 
which may be agreed upon between the 
said first party and any Insurance Com- 
pany, may be consented to and accepted 
by the said Trustee and the said Trus- 
tee shall in no way be liable or responsi- 
ble for the collection of any insurance 
in case of any loss. 

ARTICLE VII. 

This trust and the security hereby in- 
tended shall extend only to such Street 
Railway Certificates as shall be certified 
by the Trustee and issued by the party 
of the first party as aforesaid, and when 
all said Street Railway Certificates and 
the interest thereon shall be paid and 
discharged the trust hereby created shall 
cease, and the estate hereby granted to 
the party of the second part shall de- 
termine and become extinct, and the full 
right and title to all the premises hereby 
conveyed shall revert to and invest in 
said party of the first part without any 
further or other acknowledgement, satis- 
faction, reconveyance, re-entry or other 
acts, and the Trustee, upon payment of 
all of its reasonable fees and charges, 
shall, upon cancellation of all said Street 
Railway Certificates, and their coupons 
release this trust deed. All of the Street 
Railway Certificatees issued and certified 
hereunder shall stand upon equality 
without regard to the date of issue or 
certifications, except as herein otherwise 
provided, 

AETICLE VIII. 

The Comptroller of the City of Chi- 
cago shall keep a Register of all said 
Street Railway Certificatees in the order 
in which the same are issued and de- 
livered to purchasers, and whenever said 
Street Railway Certificates or any of 
them shall be paid or retired by the 
City of Chicago, either before, at, or 
after their maturity, the said certificates 
shall be paid and retired in the order 
in which said certificates were so issued 
and registered, except in the event of 
foreclosure, or entry as hereinbefore 



provided, when all payments shall be 
made ratably. 

The City of Chicago, 

By 

Mayo7\ 

Attest : 



City Clerk. 

County of Cook) 
State of Illinois, j ^^' 

I, ' ^ 

Notary Public in and for the County 
and State aforesaid, do hereby certify 

that Mayor 

of the City of Chicago, Cook County, 

Illinois, and > 

City Clerk thereof, both personally 
known to me to be such officers respect- 
ively and to be the same persons whose 
names are subscribed to the foregoing 
instrument, appeared before me this day 
in person and acknowledged that they 
had signed, sealed and delivered the said 
instrument as their free and voluntary 
act and as the free and voluntary act 
and deed of the said City of Chicago, for 
the uses and purposes therein set forth. 
Given under my hand and notarial 

seal this ^^J ^^ 

190.. 



Notary Piihlic. 
Section 9. Upon the adoption of this 
ordinance by a vote of the people, as 
hereinafter provided, is shall be the duty 
of the Mayor of the City of Chicago and 
the Clerk of said City, to forthwith exe- 
cute and deliver to > 

Trustee, the Trust Deed hereinbefore 
provided, and likewise to forthwith exe- 
cute the Street Railway Certificates 
hereinbefore provided for and to cause 
said Street Railway Certificates to be 

certified by said > 

Trustee, and then to deliver said Street 
Railway Certificates forthwith into the 
custody of th'e Comptroller of the City 
of Chicago. Upon the receipt by the 
Trustee of the Trust Deed above named. 



December 4, 



1784 



1905 



it shall be the duty of said 

, Trustee, to execute the 

same and record said Trust Deed in the 
manner provided by law. 

SECTiopf 10. Upon the adoption of this 
ordinance by a vote of the people, as 
hereinafter provided, the City of Chicago 
shall have authority, by ordinance, to 
acquire the Street Railway properties 
in this ordinance described or any part 
thereof, either by purchase, construction, 
condemnation or otherwise, and the City 
of Chicago is hereby authorized to pro- 
vide by ordinance from time to time be- 
fore the date of the maturity of the 
Street Railway Certificates above de- 
scribed, the number of said Street Rail- 
way Certificates that shall be issued and 
delivered to purchasers and the amount 
thereof, and the time and manner in 
which said Street Railway Certificates 
shall be issued and delivered to purchas- 
ers and used for the purpose of acquir- 
ing either by purchase, construction or 
condemnation or in any other manner 
provided by law, the Street Railway 
properties in this ordinance provided for 
or any part thereof, provided, however, 
that nothing contained in any of said 
ordinances shall conflict with the terms 
of this ordinance or with the laws of the 
State of Illinois. And it shall be the 
duty of the Comptroller of the City 
of Chicago to countersign, and register 
and to deliver to purchasers the said 
Street Railway Certificates in such 
amounts and at such times and in such 
a manner, as he shall by an ordinance 
or ordinances of the City of Chicago be 
directed. 

Section 11. In the event that the City 
of Chicago shall execute a lease of the 
Street Railway properties above de- 
scribed or any part thereof, then the 
word "operating" as used in this ordi- 
nance shall apply to the operation of 
said Street Railway or such part thereof 
as is leased by the lessee; and the word 
"earnings" shall apply to the rentals re- 
ceived by the City of Chicago from such 
lessee. The word "purchaser" whenever 



used with reference to Street Railway 
Certificates in this ordinance shall mean 
any person who, for money or property 
or any valuable consideration, receives 
from the City of Chicago any such 
Street Railway Certificate. 

Section 12. These street railway cer- 
tificates in this ordinance described shall 
not be issued and secured on any street 
railway property of the City of Chicago 
in amount in excess of the cost to the 
city of such property and ten (10) per 
cent, of such cost An addition thereto; 
nor shall any such street railway cer- 
tificates be issued and delivered to pur- 
chasers under the terms of this ordinance 
except for street railway property ac- 
quired or to be acquired in the manner 
herein provided. 

Section 13. The question of the ap- 
proval of this ordinance shall be sub- 
mitted to a popular vote at the general 
election to be held the third day of April, 
1906, and if a maority of those voting 
upon such question at said election shall 
approve of this ordinance, the same shall 
thereupon be in full force and effect. 



Whereas, An act entitled "act to au- 
thorize cities to acquire, construct, 
own, operate and lease street railways 
and to provide the means therefor," and 
approved May 11, 1903, was adopted by 
the electors of the City of Chicago April 
5th, 1904, and is now in force in this 
city ; and 

Whereas, It is provided in and by 
Section 1 thereof, among other things, as 
follows : 

"But no city shall proceed to oper- 
ate street railways unless the proposi- 
tion to operate shall first have been 
submitted to the electors of such city 
as a separate proposition and ap- 
proved by three-fifths of those voting 
thereon." 
Now, therefore; 

Be it ordained hy the City Council of the 
City of Chicago : 

Section 1. That the question of the 



December 4, 



1785 



operation of street railways by the City 
of Chicago as provided in the aforesaid 
act be submitted to popular vote at the 
next election, to be held in the City of 
Chicago on the third day of April, 1906. 

Section 2. The question to be voted 
on at said election shall be, "Shall the 
City of Chicago proceed to operate street 
railways V 

Section 3. This ordinance shall be in 
force from and after its passage. 



JUDICIARY. 

The Committee on Judiciary, to whom 
was referred amendments to the Revised 
Municipal Code in re. plumbing, submitted 
a report recommending the passage of 
an accompanying ordinance. 

Aid. Foreman moved that the report be 
deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Counoil Assembled: 
Your Committee on Judiciary, to whom 
was referred amendments to Revised Mu- 
nicipal Code in re. plumbing, having had 
the same under advisement, beg leave to 
report and recommend the passage of 
the following ordinance. 

Milton J. Foreman, 
Chairman. 
AN ordinance 
Amending certain sections of the Revised 

Municipal Code of Chicago of 1905. 
Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That Sections 1616, 1620, 
1621, 1631, 1633, 1635, 1639, 1644, 1646, 
1647, 1653, "1656, 1658, 1664, 1667, 1680, 
1705, 1713, 1717, and 1728 of the Revised 
Municipal Code of Chicago of 1905 be and 
the same are hereby amended so as to 
read as follows: 

"1616. Stock Cocks). Every service 
pipe shall be provided with a stop cock 



1905 

for each consumer, easily accessible, 
placed beyond damage by frost and so 
situated that the water can be con- 
veniently shut off and drained from 
the pipes." 

"1620. Steam Boilers — Supply 
Tank). All persons are prohibited 
from connecting pipes whereby steam 
boilers may be supplied with water 
direct with city pressure. All such 
boilers except low pressure boilers 
shall be provided with a tank 
or other receptacle of sufficient ca- 
pacity to- hold at least six hours' sup- 
ply, in case of a pipe district being 
shut off to repair mains or make con- 
nections or extensions. In such cases 
the city will not be responsible for a 
lack of water for steam boilers or for 
any other purpose." 

"1621. New Plumbing — Repairs — 
Exposed Pipes and Traps — Tests). In 
all buildings hereafter erected in the 
city, both public and private, and in 
all buildings already built or erected 
Avherein any plumbing is installed or 
wherein any sewer connected pipe shall 
be repaired or changed, except for 
minor repairs, on the sewer side of 
the trap, the drain, soil, rainwater, 
when rainwater pipes are within build- 
- ing, waste pipes, or any other pipe or 
pipes connected directly or indirectly 
to any drain, soil, or waste pipe, and 
all traps, shall be placed vithin build- 
ings and exposed to view for ready in- 
spection and test, and shall remain so 
exposed until approved by the Com- 
missioner of Health. In no case shall 
a trap be inaccessible at any time." 

"1631. Cleanout — No Pipe to be 
Tapped). On soil or waste pipes 4 
inches or more in diameter heavy brass 
cleanouts, not less than 4 inches in 
diameter, shall be used. Where iron 
drain, soil, waste or vent pipes are 
drilled and tapped, brass plugs or brass 
soldering nipples shall be used." 

"1633. Floor Rests on Vertical 
Lines ) . Vertical lines of soil, waste or 
other pipes, or rain water pipes when 



December 4, 



1786 



1905 



within buildings, shall be provided with 
floor rests at intervals of every second 
floor." 

^'1635. Prohibited Fittings). No 
double hub or straight crosses shall be 
used on horizontal or vertical lines. 
The use of bands, saddles and sleeves 
are prohibited." 

"1639. Straight Tees Prohibited). 
Straight tees for soil or waste pipes 
shall not be used." 

"1644. Soil and Waste Pipes Ex- 
tended—When). Except in office 
buildings and factories, branches of 
soil or waste pipe of 20 feet or more 
in length shall be extended full size, 
increased and carried through and 
above the roof. Branches of waste 
pipe less than 20 feet in length shall 
be either carried full size and in- 
creased and carried through and above 
roof or returned full size to main vent 
pipe. Vent pipes into which the re- 
vent pipe of rows of fixtures are con- 
nected shall be not less than I14 inches 
in diameter for not to exceed three 
plumbing fixtures other than sink, 
urinal or water closets. For a greater 
number of such fixtures the vent pipe 
shall be at least two inches in dia- 
meter. 

"Where the vents from water closets 
and other plumbing fixtures are con- 
nected into the same vent pipe, the 
size of the vent pipe shall be at least 
two inches in diameter from the main 
vent pipe to the point of connection to 
the vent of the other fixtures, not re- 
quiring a two inch revent." 

"1646. Prohibited Pipes— Pitch or 
Grade) . Horizontal soil or waste pipes 
are prohibited. In all possible cases 
the pitch shall be 14 inch to the foot, 
making the grade in the direction of 
the outflow." 

"1647. Drainage Fittings — Horizon- 
tal Vents— Trapped Vents). Where 
rows of fixtures are placed in line 
where galvanized wrought iron pipe is 
used for vents or revents, galvanized 



iron, malleable, or case iron fittings, 
or case iron drainage fittings shall be 
used. 

"All vent fittings shall be either gal- 
vanized, tarred or asphaltum coated. 

"Horizontal vent pipes unless prac- 
tical shall not be used. Lines of soil, 
waste, or vent pipes shall be run in a 
thoroughly workmanlike manner. Trap- 
ped or sagged, or drops in, vent or re- 
vent are prohibited. No vent pipe from 
the house side of any trap shall con- 
nect to any sewer, vent pipe, soil or 
waste pipe." 

"1653. Floor Washes— Bell Traps 
Prohibited— Back Water Valve). When 
floor washes are connected it shall be 
by means of a deep seal trap. Bell traps 
and cast iron S. and P. traps having 
covers over hand holes on the sewer 
side of the trap, held in place by lugs 
or bolts, are prohibited. Where a floor 
drain is placed in a basement it shall 
be protected from back sewage by 
means of some suitable and approved 
back water valve or stop. Covered floor 
gutters are prohibited." 

"1656. Waste to Closet Bend, Etc., 
Prohibited). In no case shall a waste 
pipe from any fixture be connected with 
any water closet trap, lead bend, vent 
or revent connection for same, except 
that a waste connection may be made 
to a lead bend in old or repaired 
work." 

"1658. Size of Vents Depends on 
Stories). The madn vent pipe for 
traps of water closets in buildings four 
stories or under shall be at least two 
inches in diameter and have two inch 
revents, except that revents for the 
traps of other plumbing fixtures may 
be the same diameter, as waste traps 
In buildings more than four stories' 
high and not more than six stories 
high the main vent pipes for water 
closets with or without other plumbing 
fixtures shall be at least 2l^ inches in 
diameter. In buildings more than six 
stories high and not to exceed 18 stories 



December 4, 



1905 



the main vent pipes for water closets 
with or without other plumbing fix- 
tures shall be at least three inches in 
diameter. In buildings more than 18 
stories high the main vent pipe for 
water closets with or without other 
fixtures shall be at least four inches 
in diameter. The main vent pipe for 
other fixtures than water closets in 
buildings four stories and under shall 
be at least two inches in diameter. In 
buildings more than four stories high 
and not more than eight stories high 
the main vent pipes shall be at least 
21/2 inches in diameter. In buildings 
more than eight stories high the main 
vent pipe shall be at least 3 inches irj 
diameter, except that the diameter of 
the vent pipe may be reduced to 2yo 
inches for the six lower stories; Pro- 
vided that where the waste pipe for 
fixtures other than water closets ex- 
ceeds 3 inches in diameter the main 
vent pipe shall be at least 3 inches in 
diameter. The size of revent to traps 
of plumbing fixtures other than water 
closets shall be at least the same size 
as waste to traps." 

'•1664. Length of Horizontal Vent). 
Except in office buildings and in fac- 
tories the vent pipes from any fixture 
or fixtures reconnected as hereinbefore 
provided, shall not span a horizontal 
distance to exceed 20 feet in length. 
In office buildings and factories this 
distance shall not exceed 40 feet." 

"1667. Revents for Adjoining Fix- 
tures). Where bath rooms are lo- 
cated on opposite sides of a wall and 
directly opposite each other and on the 
same floor in any building and have a 
common soil or waste pipe in the same 
separating wall, the revents from fix- 
tures in either or both of such bath 
rooms may connect into the same pipe. 

"Where two plumbing fixtures other 
than water closets waste into a double 
"Y" or double "TY" fitting, a single 
proper revent connected at or near the 
junction of the two waste lines forming 
a part of the fitting will be permitted." 



"1680. Water Closets Under Side- 
Walks ) . Where water closets or other 
plumbing fixtures are placed under a 
sidewalk, street, alley, or other like 
place, adjoining and opening into the 
basement of any building, each and 
every fi:>fture so placed shall be venti- 
lated in the same manner as provided 
for other plumbing fixtures in this 
chapter, and the water closet com- 
partments shall be adequately lighted 
and ventilated."- 

"1705. Revent Omitted — When ) . 

Where a single water closet or other 
plumbing fixture is located in a build- ■ 
ing or on the top floor of any building, 
and there is an adequate soil or waste 
pipe of undiminished size from ground 
(in building) to roof, the revent pipe 
may be dispensed with; Provided, that 
for water closets a non-siphoning trap 
tested and approved by the Chief 
Sanitary Inspector, or a closet of ap- 
proved construction is used for such 
work; and provided, further, that the 
trap of such fixture is located not 
more than five feet from such soil or 
waste pipe." 

"1713. Slip Joints— Ground Joints). 
Slip joints shall not be permitted on 
the sewer side of any trap, unless the 
metal connection is required between 
the soil or waste pipe and tile sewers. 
Unions on wrought iron, soil, waste 
and vent pipes shall be made by means 
of metallic brass-seated ground unions, 
or flange unions with sheet lead 
gaskets, and made without other gask- 
ets or packing." 

"1717. Inspection of Repairs). The 
following repairs and extensions to any 
part of the plumbing and drainage sys- 
tem in any building, shall also be re- 
ported for inspection, viz.; where there 
is any change in any sewer connected 
pipe, and where such change is on the 
sewer side of the trap, except in the 
case of minor repairs." 

"1728. Fee Before Plans are Ap- 
proved). Before plans are approved 



December 4, 



1788 



1905 



the following fees for inspection shall 
be paid to the City Collector: 

"When the building contains from 
one to six plumbing fixtures, the sum 
of fifty cents shall be paid for the in- 
spection of each fixture, and for each 
and every additional fixture thereafter 
installed, or for which waste or vent 
fittings are installed, the sum of twen- 
ty-five cents shall be the fee for in- 
spection." 

Section 2. This ordinance shall take 
effect and be in force from and after its 
passage and due publication. 

ALSO, 

The same Committee, to whom was re- 
ferred an ordinance amending Section 
I 1389 of the Revised Municipal Code in 
I re. the removal of peddlers' and pur- 
i chasers' wagons from the market as soon 
I as those in charge of them have completed 
their purchases, submitted a report rec- 
ommending that the sam.e be placed on 
file. 

Aid. Foreman moved to concur in the 
report. 

The motion prevailed. 



STREETS AND ALLEYS, SOUTH 
DIVISION. 

The Committee on Streets and Alleys, 
South Division, to whom was referred 
an ordinance granting permission to the 
Roseland Safety Deposit Company to lay 
pipes underneath Michigan avenue near 
111th street, submitted a report recom- 
mending the passage of an accompanying 
substitute ordinance. 

Aid. Bihl moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 

of Chicago in Gouneil Assembled: 

Your Committee on Streets and Alleys, 
South Division, to whom was referred or- 



dinance granting permission to the Rose- 
land Safety Deposit Company to lay 
down and maintain steam pipes across 
Michigan avenue near 111th street, hav- 
ing had the same under advisement, beg 
leave to report and recommend the pas- 
sage of the following ordinance, with 
compensation fixed at $25.00 per annum 
by the Committee on Compensation. 
Ernest Biiil, 

Chai7^man. 

Be it ordained hy the City Council of the 

City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to the Roseland Safety Deposit 
Company, its successors and assigns, to 
lay down, construct and maintain two 
iron pipes, not exceeding six inches in 
diameter, across Michigan avenue, from 
the premises known as 11108 and 11114 
Michigan avenue to the premises known 
as .11103 and 11105 Michigan avenue. 
Said pipes shall be used for the purpose 
of conveying steam for power and heat- 
ing purposes, and shall be constructed 
and maintained under the supervision and 
to the satisfaction of the Commissioner 
of Public Works. 

Section 2. The permission and au- 
thority herein granted shall cease and 
determine ten (10) years from and after 
tlie passage of this ordinance, or at any 
time prior thereto at the discretion of 
the Mayor. 

Section 3. Said grantee shall not con- 
struct said pipes, or in any way disturb 
the surface of the street until it shall 
have secured the permission of the De- 
partment of Public Works, and whenever 
said grmitee shall make application m 
writing for such permission, and shall 
comply with the terms and conditions 
of this ordinance, it shall be the duty of 
the Department of Public Works, or other 
proper authority to issue the same. 

Said grantee shall do no permanent 
injury to said street, or in any manner 
interfere with any pipe, cable, wire or 
conduit therein, and shall not open or 



December 4, 



1789 



1905 



encumber more of said street than shall 
be necessary to enable it to proceed with 
advantage in constructing said pipes. 
Should said pipes interfere with or ob- 
struct in any manner the construction 
of any municipal underground work here- 
after constructed, the grantee, its suc- 
cessors or assigns, shall remove said pipes, 
or change the location thereof as directed 
by the Commissioner of Public Works, at 
its own expense, and Avithout any expense 
whatever to the City of Chicago. 

At the termination of the privileges 
hereby granted, by lapse of time or other- 
wise, said grantee shall restore said street 
to its proper condition, safe for public 
travel, to the satisfaction of the Com- 
missioner of Public Works, so that the 
portion of said street where said pipes 
had been located shall be put in the same 
condition, safe for public travel, as the 
remaining portion of said street in the 
same block. 

Section 4. Before said grantee shall 
disturb the surface of said street, it shall 
deposit with the Commissioner of Public 
Works a sum of money sufficient to pay 
for the restoration to as good a condi- 
tion, safe for public travel, as the same 
was in before being disturbed, of so much 
of said street as it shall have out of the 
condition in which the grantee found it 
at any one time; and said grantee shall 
promptly restore said street or any por- 
tion thereof, to as good a condition, safe 
for public travel, as the sam.e was in be- 
fore being disturbed, and shall maintain 
the portion so disturbed and repaired in 
such good condition for the period of five 
years, and do the work of restoration to 
the satisfaction and approval of the Com- 
missioner of Public Works; whereupon 
said money so deposited shall be returned 
to said grantee; but if for any reason 
the amount of said deposit shall have 
been insufficient to cover the cost of such 
work, or if any damage shall have been 
done to any underground work or connec- 
tion, or otherwise not contemph^ted in the 
original estimate, which shall have caused 
increased expenditure, the amount of de- 



ficiency or damage shall be certified to 
the City Comptroller, who shall collect 
the same from said grantee herein, and 
said grantee shall, upon demand, immedi- 
ately pay the same, and no other permit 
shall be issued to the grantee herein for 
any other or additional work until the 
amount thereof shall have been paid. If 
said grantee shall neglect or refuse to so 
restore said street, or any portion there- 
of, then the Commissioner may, and with 
the funds so deposited shall cause the 
same to be done, and shall repay and re- 
fund only the surplus, if any, to said 
grantee. 

Said grantee shall not permit said 
street, or any portion thereof, to remain 
open or encumbered for a longer period 
than shall be necessary to properly exe- 
cute the work for which the same shall 
have been opened or encumbered; and 
it shall erect and maintain suitable bar- 
riers and lights to prevent any accident 
in consequence of such opening or encum- 
bering of said street or any portion there- 
of. 

Section 6. Said pipes and other neces- 
sary appliances maintained and operated 
under this ordinance by said grantee shall 
be of modern excellence, and constructed, 
maintained and operated in a first-class 
manner; and it is expressly understood 
and agreed that the rights and privileged 
granted hereunder are subject to all the 
ordinances of the City of Chicago now in 
force or which may hereafter become in 
force, and especially any ordinances con- 
cerning the removal or replacement of 
any underground pipes. 

Section 7. No work shall be done un- 
der the authority of this ordinance until 
a permit authorizing the same shall have 
been issued by the Commissioner of Pub- 
lic Works, and no permit shall issue un- 
til the grantee herein shall execute to 
the City "of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
($10,000) dollars, with sureties to be ap- 
proved by the Mayor, conditioned to in- 
demnify, save and keep harmless said 
City of Chicago from any and all Im- 



December 4, 



1790 



1905 



bility, cost, damage or expense of any 
kind whatsoever which may be suffered 
by it, said City of Chicago, or which it 
may be put to, or which may accrue 
against, be charged to or recovered from 
said city, from or by reason of the pas- 
sage of this ordinance, or from or by 
reason of any act or thing done under or 
by authority of the permission herein 
given; and conditioned further to ob- 
serve and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability of the 
sureties thereunder shall be kept in force 
throughout the life of this ordinance, and 
if at any time during the life of this or- 
dinance said bond shall not be in full 
force, then the privileges and authority 
herein granted shall thereupon cease. 

Section 8. The grantee herein, its 
successors and assigns, shall pay as com- 
pensation for the privileges herein 
granted the sum of twenty-five dollars 
per annum during the life of this ordi- 
nance; the first payment shall be made 
at the time of the filing of the acceptance 
of this ordinance, and each succeeding 
payment annually thereafter, and all pay- 
ments shall be made at the office of the 
Comptroller of the City of Chicago. It' 
is expressly understood and agreed that 
the privileges herein granted shall ter- 
minate and this ordinance become null 
and void if said grantee or its assigns 
fails to promptly pay any installment of 
said compensation. 

Section 9. This ordinance shall take 
effect and be in force from and after its 
passage and acceptance in writing; pro- 
vided said acceptance shall be filed with 
the City Clerk of the City of Chicago 
within thirty (30) days of the passage 
of this ordinance, and the filing of the 
bond hereinbefore provided. 



The same Committee, to whom was re- 
ferred an ordinance granting permission 
to Hearst's Chicago American to lay 
pipes underneath Franklin street about 
150 feet south of' Madison street, sub- 



mitted a report recommending the pas- 
sage of the same. 

Aid. Bihl moved that the report be de- 
ferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Gounoil Assembled: 
Your Committee on Streets and Alleys^ 
South Division, to whom was referred 
an ordinance granting permission to 
Hearst's Chicago American to lay down 
and maintain two (2) steam pipes un- 
derneath Franklin street near Madison, 
having had the same under advisement, 
beg leave to report and recommend the 
passage of the ordinance, with compensa- 
tion fixed at $50 per year, in accordance 
with the recommendation of the Commit- 
tee on Compensation. 

Ernest Bihl. 

Chairman. 
Be it ordained hy the City Council of the 
City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to Hearst's Chicago American, a 
corporation, its successors or assigns, to 
lay down and maintain across and un- 
derneath the surface oi Franklin street, 
about 150 feet south of Madison street, 
between its building at 144-148 Franklin 
street and its building at 214 Madison 
street, one 3% inch steam supply pipe, 
and one 2% inch return pipe therein. 
Said pipes shall be constructed and main- 
tained under the supervision and to the 
satisfaction of the Commissioner of Pub- 
lic Works, and shall be located substan- 
tially as shown on the plat hereto at- 
tached, which plat is made a part hereof; 
and said grantee shall at all times keep 
on file in the office of the Commissioner 
of Public Works, a plan showing the lo- 
cation of said pipes. 

Section 2. The permission and au- 
thority herein granted shall cease and de- 
termine ten ( 10) years from and after 
the passage of this ordinance, or at any 



December 4, 



1791 



1905 



time prior thereto, at the discretion ol 
the Mayor, 

Section 3. Said grantee shall not con- 
struct said pipes, or in any \yaj disturb 
the surface of the said street, until it 
shall have secured the permission of the 
Department of Public Works, and when- 
ever said grantee shall make application 
in writing for' such permission, and shall 
comply with the terms and conditions of 
this ordinance, it shall be the duty of the 
Department of Public Works or other 
proper authority, to issue the same. Said 
grantee shall do no permanent injury to 
said street, or in any manner interfere 
with any pipe, cable, wire or conduit 
therein, and shall not open or encumber 
more of said street than shall be neces- 
sary to enable it to proceed with advan- 
tage in constructing said pipes. 

Should said pipes or either of them in- 
terfere with, or obstruct in any manner. 
the construction of any municipal un- 
derground work hereafter constructed, 
the grantee, its successors or assigns, 
shall remove said pipes or either of them, 
or change the location thereof, as directed 
by the Commissioner of Public Works, at 
its or their own expense, and without any 
expense whatever to the City of Chicago. 
At the termination of the privileges 
hereby granted, by lapse of time or other- 
wise, said grantee, its successors or as- 
signs, shall restore said street to its 
proper condition, safe for public travel, 
to the satisfaction of the Commissioner of 
Public Works, so that the portion of said 
street where said pipes had been located 
shall be put in the same condition, safe 
for public travel, as the remaining por- 
tion of said street in the same block. 

Section 4. Before said grantee shall 
disturb the surface of said street, it shall 
deposit with the Commissioner of Public 
Works, a sum of money, sufficient to pay 
for the restoration to as good a condition, 
safe for ].ublie travel, as the same was in 
before being disturbed, of so much of said 
street as it shall have out of the condition 
in which the grantee found it at any one 
time; and said grantee shall promptly re- 



store said street, or any portion thereof, 
to as good a condition, safe for public 
travel, as the same was in before being 
disturbed, and do the work of restoration 
to the satisfaction and approval of the 
Commissioner of Public Works; where- 
upon said money so deposited shall be 
returned to said grantee; but if for any 
reason the amount of said deposit shall 
have been insufficient to cover the cost 
of such work, or if any damage shall 
have been done to any underground work 
or connection, or otherwise not contem- 
plated in the original estimate, which 
shall have caused increased expenditure, 
the amount of deficiency or damage shall 
be certified to the City Comptroller, who 
shall collect the same from said grantGe 
herein, and said grantee shall, upon de- 
mand, immediately pay the same, and no 
other permit shall be issued to the gran- 
tee herein for any other or additional 
work, until the amount thereof shall have 
been paid. 

If said grantee shall neglect or refuse 
to so restore said street, or any portion 
thereof, then the Commissioner may, and 
with the funds so deposited shall, cause 
the same to be done and shall repay and 
refund only the surplus, if any, to said 
grantee. 

Said grantee shall not permit said 
street, or any portion thereof, to remain 
open or encumbered for a longer period 
than shall be necessary to properly exe- 
cute the work for which the same shall 
have been opened or encumbered; and it 
shall erect and maintain suitable barriers 
and lights to prevent any accident in 
consequence of such opening or encum- 
bering of said street or any portion there- 
of. 

Section 5. Said pipes and other neces- 
sary appliance maintained and operated 
under this ordinance by said grantee, 
shall be of modern excellence, and con- 
structed, maintained and operated in a 
first-class manner, and it is expressly un- 
derstood and agreed, that the rights and 
privileges granted hereunder, are subject 
to all the ordinances of the City of Chi- 



December 4, 



1792 



1905 



cago now in force or which may hereafter 
become in force, and espectially any ordi- 
nances concerning the removal or replace- 
ment of any underground pipes. 

Section 6. No work shall be done un- 
der authority of this ordinance until a 
permit authorizing same shall have been 
. issued by the Commissioner of Public 
Works, and no permit shall be issued un- 
til the grantee herein shall execute to the 
City of Chicago a good and sufficient bond 
in the penal sum of ten thousand ($10,- 
000) dollars, to be approved by the 
Mayor, conditioned to indemnify, save 
and keep harmless the City of Chicago 
from any and all liability, cost, damage 
or expense of any kind whatsoever, which 
may be suffered by it, said City of Chi- 
cago, or which it may be put to or which 
may accrue against, be charged to, or 
recovered from said city from or by rea- 
son of the passage of this ordinance, or 
from or by reason of any act or thing 
f done under or by authority f)f the per- 
mission herein given, and conditioned 
further to observe and perform all and 
singular, the conditions and provisions 
of this ordinance. Said bond shall be 
kept in force throughout the life of this 
ordinance, and if at any time during the 
life of this ordinance, said bond shall not 
be in full force, then the privileges and 
authority herein granted shall thereupon 
cease. 

Section 7. In consideration of the 
rights and privileges herein granted, the 
said Hearst's Chicago American, its suc- 
cessors or assigns, shall pay as compen- 
sation therefor the sum of fifty dollars 
per year for each and every year, in ad- 
vance, during the life of this ordinance, 
and until said pipes are removed by said 
grantee, and in addition thereto, pay to 
the city all the expense incurred in the in- 
spection and installation of said pipes; 
said payments shall be made at the office 
of the City Comptroller of the City of 
Chicago, and the first payment shall be 
made at the time of the filing of the ac- 
ceptance of this ordinance and the filing 
of the bond herein provided for, and each 



succeeding payment annually thereafter. 
It is expressly understood that if default 
is made in the payment of said compen- 
sation, or any installment thereof, this 
ordinance shall immediately become null 
and void, and all privileges herein 
granted at once terminate. 

Section 8. This ordinance shall take 
effect and be in force from and after its 
passage, and upon the filing of the ac- 
ceptance, in writing, of this ordinance by 
said grantee, said acceptance to be filed 
with the City Clerk of the City of Chi- 
cago within thirty (30) days 'from the 
passage of this ordinance and the filing 
of the bond hereinabove provided for. 



STREETS AND ALLEYS, WEST 
DIVISION. 

The Committee on Streets and Alleys. 
West Division, to whom was referred an 
ordinance granting permission to Crofts 
& Reed to erect an elevated switch track, 
submitted a report recommending the 
passage of the same as amended. 

Aid. Hunter moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, December 4, 1905. 
To tlie Mayor and Aldermen of the City 

of Chicago in Council Asseinhled: 

Your Committee on Streets and Alleys, 
West Division, to whom was referred or- 
dinance granting permission to Crofts & 
Reed to maintain an elevated switch 
track across Kinzie street, between Clare- 
mont and Western avenues, having had 
the same under advisement, beg leave to 
report and recommend the passage of the 
ordinance as amended, with compensa- 
tion fixed at $25.00 per year, in accord- 
ance with the action of the Committee 
on Compensation. 

Thomas M. Hunter, 

Ghmrman. 
AN ordinance 
Granting permission to William L. 



L 



December 4, 



1793 



1905 



Crofts and Cory don A. Reed, doing 
business under the firm name and 
style of Crofts and Reed, their heirs, 
executors, administrators and assigns, 
to erect and operate an elevated switch 
track. 
Be it ordained hy the City Council of the 
City of Chicago : 

Section 1. That permission and au- 
thority be and they are hereby granted 
to William L. Crofts and Corydon A. 
Reed, doing business under the firm 
name and style of Crofts and Reed, their 
heirs, executors, administrators and as- 
signs, to erect, maintain and operate an 
elevated switch track connecting Lot 
twelve (12) of Sub Block three (3) of 
Eberhardt and Wilbur's Subdivision of 
Block twenty-five (25) of Canal Trus- 
tees' Subdivision in Section seven (7), 
Township thirty-nine (39) North, Range 
fourteen (14), East of the Third Prin- 
cipal Meridian, with the tracks of the 
Chicago and Northwestern Railway Com- 
pany, and for that purpose to cross Kin- 
zie street, upon Avhich the lot herein- 
above described abuts, at a point on the 
south line of said lot about sixty (60) 
feet west of the southeast corner there- 
of, the said point at which said track 
crosses said street being more specifical- 
ly shown in the plan hereto attached 
which is made a part hereof; the red 
lines on said plan indicating the pro- 
posed track herein authorized. 

Section 2. That the permission and 
authority herein granted shall cease and 
determine ten (10) years from the date 
of the passage of this ordinance and the 
ordinance shall, at any time, before the 
expiration thereof, be subject to amend- 
ment, modification or repeal, and in case 
of repeal, all privileges hereby granted 
shall cease and determine. 

Section 3. The operation and main- 
tenance of the elevated switch track 
herein provided for shall be subject to all 
existing ordinances of the City of Chi- 
cago, or any ordinance which may here- 
after be passed relating to the use and 
operation of switch tracks or railway 



tracks, and the construction and main- 
tenance of the said track shall be under 
the supervision and to the satisfaction 
and approval of the Commissioner of 
Public Works of the City of Chicago, 
and no work shall be done in and about 
the construction of the said track until 
a permit shall first have been issued by 
the Commissioner of Public Works of 
the City of Chicago authorizing the com- 
mencement of said work. 

It is made an expressed condition of 
this ordinance that the said William L. 
Crofts and Corydon A. Reed, their heirs^ 
executors, administrators and assigns, 
shall pay to the City of Chicago as com- 
pensation for the privileges herein grant- 
ed, the sum of twenty-five dollars per 
annum, each and every year during the 
life of this ordinance. The compensa- 
tion herein provided for shall be paid 
to the City Comptroller of the City of 
Chicago at his office in the City of Chi- 
cago, the first payment shall be made at 
the time of the approval of this ordi- 
nance, and succeeding payments annual- 
ly thereafter. 

The privileges hereby granted shall 
immediately terminate and the ordi- 
nance become , null and void if default 
is made in the prompt payment of any 
installment of said compensation. 

Section 4. The said William L. 
Crofts and Corydon A. Reed, doing busi- 
ness under the firm name and style of 
Crofts and Reed, their heirs, executors, 
administrators or assigns, before pro- 
ceeding to do any work under the au- 
thority of this ordinance, shall execute 
a bond to the City of Chicago in the 
penal sum of ten thousand dollars ($10,- 
000.00), with sureties to be approved by 
the Mayor, conditioned for the observ- 
ance and faithful performance by the 
said William L. Crofts and Corydon A. 
Reed, doing business under the firm 
name and style of Crofts and Reed, their 
heirs, executors, administrators or as- 
signs', of all and singular the conditions 
and provisions of this ordinance, and 
further conditioned to indemnify, save 



December 4. 



1794 



1905 



and keep liarmless the City of Chicago 
from any loss, cost, damage, expense, or 
liability of any kind whatsoever, which 
the City of Chicago may be put to, or 
which may accrue against, be charged to, 
or recovered from said city by reason 
of the passage of this ordinance, or by 
reason of the exercise by William L. 
Crofts and Corydon A. Reed, doing busi- 
ness under the firm name and style of 
Crofts and Reed, their heirs, executors, 
administrators or assigns, of the au- 
thority and permission herein granted. 

Said bond and the liability of the 
sureties thereon shall be kept in force 
throughout the life of this ordinance, and 
- if at any time during the life of this or- 
dinance such bond shall not be in full 
force, then the privilege and authority 
•herein granted shall thereupon cease. 

Section 5. Said William L. Crofts 
and Corydon A. Reed, doing business un- 
der the firm name and style of Crofts 
and Reed, their heirs, executors, admin- 
istrators or assigns, shall erect said 
elevated switch track to the level of the 
Chicago and Northwestern Railway Com- 
pany's track and where it crosses said 
street, said elevated switch track shall 
be supported on a substantial trestle- 
work structure, of wood, stone, concrete, 
steel or other suitable material, and a 
suitable passage way under said struc- 
ture shall be provided of a width of not 
less than the width of said street be- 
tween supports, and a head room of not 
less than eleven (11) feet in the clear. 
The plans for such work, before the same 
is begun, must be submitted to and ap- 
proved by the Commissioner of Public 
Works, and the work must be done un- 
der his supervision and to his satisfac- 
tion and approval. 

Section 6. During the life of this or- 
dinance the grantees herein shall keep 
such portions of said street as are oc- 
cupied by said switch track in good con- 
dition and repair, and safe for public 
travel to the satisfaction and approval 
of the Commissioner of Public Works. 
At the termination of the rights and 



privileges herein granted, by expiration 
of time or otherwise, said grantees shall 
remove said switch track and all the 
appurtenances thereto, and shall forth- 
Avith restore said street occupied by said 
switch track to a condition similar to 
the remaining portion of said street in 
the same block, safe for public travel, 
to the satisfaction and approval of the 
Commissioner of Public Works. 

Section 7. This ordinance shall be in 
force and effect from and after its pas- 
sage, provided, that within thirty (30) 
days after its passage, the grantees shall 
file, an acceptance of this ordinance in 
writing with the City Clerk of the City 
of Chicago. 

ALSO, 

The same Committee, to whom was re- 
ferred an ordinance granting permission 
to the United States Gypsum Company 
to lay a switch track, submitted a report 
recommending the passage of the same. 
Aid. Hunter moved that the report be 
deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Council Assembled : 
Your Committee on Streets and Al- 
leys, West Division, to whom was re- 
ferred ordinance granting permission to 
the U. S. Gypsum Company to lay 
down and maintain a single railroad 
switch track on the east side of Robey 
street from a point sixty (60) feet south 
of the railroad tracks of the C, B. and 
Q. Ry., having had the same under ad- 
visement, beg leave to report and recom- 
mend the passage of the ordinance, with 
compensation fixed at $210.00 per an- 
num, as recommended by the Committee 
on Compensation. 

Thomas M. Hunter, 

Chairman. 

AN ORDINANCE 

Authorizing the United States Gypsum 



December 4, 



1795 



1905 



Company to lay a switch track in 
Robey street. 
Be it ordained hy the City Council of the 
City of Chicago : 

Section 1. That permission and au- 
thority be and they are hereby given 
and granted to the United States Gypsum 
Company, its successors and asigns, to 
lay down, construct, maintain and op- 
erate a single railroad switch track in 
the east side of Robey street, beginning 
at a point about 60 feet south of the 
railroad tracks of the Chicago, Burling- 
ton and Quincy Railroad Company, on 
its right of way south of Blue Island 
avenue, thence southerly a distance ap- 
proximately 300 feet, substantially as 
shown on the blue print which is at- 
tached hereto, and made a part of this 
ordinance. 

Section 2. That the permission and au- 
thority herein granted shall cease and de- 
termine ten (10) years from the date of 
the passage of this ordinance, provided, 
however, that this ordinance shall, at any 
time before the expiration thereof, be 
subject to modification, amendment or 
repeal, and in case of repeal all priv- 
ileges hereby granted shall cease and 
determine. 

Section 3. During the life of this 
ordinance the grantee herein shall keep 
such portions of said street as are oc- 
cupied by said switch track in good con- 
dition and repair, and safe for public 
travel, to the satisfaction and approval 
of the Commissioner of Public Works. 

At the termination of the rights and 
privileges herein granted, by expiration 
of time or otherwise, said grantee shall 
remove said switch track and all the 
appurtenances thereto and shall forth- 
with restore said street occupied by said 
switch track to a condition similar to 
the remaining portion of said street in 
the same block, safe for public travel, 
to the satisfaction and approval of the 
Commissioner of Public Works. 

Section 4. The operation and main- 
tenance of the said switch track herein 
provided for shall be subject to all the 



existing ordinances of the City of Chi- 
cago now in force or which may here- 
after be in force relating to the use and 
operation of switch tracks and railway 
tracks; and the construction and main- 
tenance thereof shall be under the su- 
pervision and to the satisfaction of the 
Commissioner of Public Works. 

No work shall be done in and about 
the construction of the work herein au- 
thorized until a permit authorizing the 
beginning of such work shall first have 
been issued by the Commissioner of 
Public Works of the City of Chicago.. 

Section 5. In the consideration of 
the privileges herein granted, and as com- 
pensation thereof, the said United States 
Gypsum Company, its successors and as- 
signs, shall pay to the City of Chicago 
the sum of two hundred and ten ($210) 
dollars per annum in advance each and 
every year during the life of this ordi- 
nance, the first payment to be made as of 
the date of the passage of this ordinance, 
and each succeeding payment annually 
thereafter. 

Section 6. Before doing any work 
under and by virtue of the authority 
herein granted the said grantee shall 
execute a bond to the City of Chicago in 
the penal sum of $10,000 with sureties 
to be approved by the Mayor, conditioned 
upon the faithful observance and perform- 
ance of all and singular the conditions 
and provisions of this ordinance; and 
conditioned further to indemnify, save and 
keep harmless the City of Chicago, from 
any and all loss, damage, expense, cost or 
liability of any kind whatsoever that 
may be suffered by it, the said City of 
Chicago, or which may accrue against, 
be charged to or recovered from said 
city by reason of or on account of the 
passage of this ordinance or by reason of 
or on account of any act or thing done 
by said grantee herein by virtue of the 
authority herein given, and conditioned 
to comply with all the terms and condi- 
tions of this ordinance. Said bond and 
the liabilities of the sureties thereon 
shall be kept in force throughout the 



December 4, 

life of this ordinance, and if at any time 
during the life of this ordinance such 
bond shall not be in full force then the 
privileges herein granted shall thereupon 
cease. 

Section 7. This ordinance shall take 
effect and be in force from and after 
its passage and approval, provided that 
within thirty (30) days after its passage 
the grantee shall file an acceptance in 
writing of said ordinance, and also the 
bond herein provided for with the City 
Clerk of the City of Chicago, 

ALSO, 

That the same Committee, to whom 
was referred an ordinance granting per- 
mission to the Chicago and Alton Rail- 
way Company to lay a switch track 
through the abutment of the Harrison 
street viaduct, submitted a report rec- 
ommending the passage of an accom- 
panying substitute ordinance. 

Aid. Hunter moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, December 4, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Council Assembled: 
Your Committee on Streets and Al- 
leys, West Division, to whom was re- 
ferred ordinance granting authority to 
the Chicago and Alton Railway Com- 
pany to construct switch track across 
Harrison street through the abutment 
of the Harrison street viaduct, having 
had the same under advisement, beg 
leave to report and recommend the pas- 
sage of the accompanying substitute or- 
dinance, with compensation fixed at 
$150.00 per year, as recommended by 
the Committee on Compensation. 

Thomas M. Hunter, 
Ghmrman. 

Be it ordained hy the City Council of the 
City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 



1796 



1905 



given and granted unto the Chicago and 
Alton Railway Company, a corporation, 
its successors and assigns, to construct, 
maintain and operate a single railway 
switch track across Harrison street 
through the abutment of the Harrison 
street viaduct, connecting its tracks 
with the plant of the Chicago Edison 
Company, situated north of Harrison 
street and lying between the Chicago 
River and the tracks of the Chicago and 
Alton Railway Company, substantially 
as shown on the blue-print hereto at- 
tached and made a part of this ordi- 
nance, and to which for greater cer- 
tainty express reference is had, a copy 
of which blue-print shall at all times be 
kept on file in the office of the Commis-. 
sioner of Public Works. The construc- 
tion of said switch track and the man- 
ner in which said Harrison street via- 
duct shall be pierced or cut through for 
the purpose of locating such switch 
track, shall be in accordance with plans 
and specifications which shall first be 
submitted by such railway company to 
and approved by the Commissioner of 
Public Works, and plans and specifica- 
tions of any and all changes subsequent- 
ly made shall also be submitted to and 
approved by the Commissioner of Public 
Works; provided, however, that the 
present grade of the approach to the 
bridge across the south branch of the 
Chicago river shall not be changed, and 
the vertical distance from the top of the 
street car rails on said approach and 
over the proposed railroad track to the 
bottom flange of stringers spanning the 
opening for the proposed railroad track 
shall be not less than twenty (20) 
inches. 

Section 2. The permission and au- 
thority herein granted shall cease ten 
(10) years from and after the passage 
of this ordinance, and the ordinance shall 
at any time before the expiration there- 
of be subject to modification, amend- 
ment or repeal, and in case of repeal all 
privileges herein granted shall cease and 
determine. It is made an express con- 



December 4, 



1797 



1905 



dition of this ordinance, and by the ac- 
ceptance thereof, the grantee herein, its 
successors and assigns, agree to be bound 
thereby, that during the life of this 
ordinance the said Chicago and Alton 
Railway Company, its successors or as- 
signs, shall use said switch track for 
the sole purpose of supplying coal or 
other supplies to the plant of the Chi 
cago Edison Company, located as here- 
inbefore described, and for no other pur- 
pose, and that during the life of this 
ordinance the grantee herein shall keep 
such portion of said Harrison street as 
is occupied by said switch track in good 
condition and repair and safe for public 
travel to the satisfaction and approval 
■of the Commissioner of Public Works. 
At the termination of the rights and 
privileges herein granted, by expiration 
of time or otherwise, said grantee shall 
remove said switch tracks and all ap- 
purtenances thereto, and shall forth- 
with restore said street occupied by said 
switch tracks to a condition safe for 
public travel similar to the remaining 
portion of said street in the same block, 
and shall restore that part of the abut- 
ments of said Harrison street viaduct 
removed by it for the purpose of con- 
structing its said switch tracks. 

Section 3. It is made a further con- 
dition of this ordinance that said gran- 
tee, its successors and assigns, shall at 
their own expense do and perform any 
work necessary to be done in and about 
repairing the abutments of said Ham- 
son street viaduct where such switch 
track pierces or passes through the 
same or in and about repairing the su- 
perstructure or roadway above said via- 
duct, which may be necessary by reason 
of the permission and authority herein 
granted, or by reason of the operation 
or maintenance of said switch track 
through and underneath such viaduct. 

Section 4. The operation and main- 
tenance of such switch track shall be 
subject to all ordinances of the City 
of Chicago now in force, or which may 
hereafter be in force, relating to the use 



and operation of switch tracks and rail- 
road tracks, and the construction and 
maintenance thereof shall be under the 
supervision and to the satisfaction of 
the Commissioner of Public Works. No 
work shall be done in and about the 
construction of the work herein author- 
ized until a permit authorizing the said 
work shall first have been issued by the 
Commissioner of Public Works. 

Section 5. In consideration of the 
privileges herein granted, the said Chi- 
cago and Alton Railway Company, its 
successors and assigns, shall pay to the' 
City of Chicago as compensation there- 
for the sum of one hundred and, fifty 
dollars ($150.00) per annum in advance 
each and every year during the life of 
this ordinance, the first payment to be 
made as of the -date of the passage of 
this ordinance, and each succeeding pay- 
ment annually thereafter. This ordi- 
nance shall be void and terminate if said 
o-rantee, its successors or assigns, default 
in the payment of any installment of 
the compensation herein provided for. 

Section 6. Before doing any work 
under and by virtue of the authority 
herein granted, the said grantee shall 
execute to the City of Chicago a bond 
in the penal sum of ten thousand dollars 
($10,000.00), with sureties to be ap- 
proved by the Mayor, conditioned for the 
faithful observance and performance of 
all and singular the conditions of this 
ordinance, and further conditioned to 
save and keep harmless the said City of 
Chicago from any loss, damage, expense, 
cost or liability of any kind whatsoever 
which may be suffered by it, the said 
City of Chicago, or which it may be put 
to by any action or suit at law result- 
in- to any person or property from the 
construction of said work or operation 
of said switch track or which may accrue 
against, be charged to or recovered from 
said City of Chicago by reason of the 
passage of this ordinance, or by reason 
or on account of anything done by said 
grantee herein by virtue of the author- 
ity herein given. Said bond and the 



December 4, 

liability of the sureties thereon' shall 
be kept in force throughout the life of 
this ordinance, and if at any time dur- 
ing the life of this ordinance such bond 
or any substitute therefor shall not be 
in full force then the privileges herein 
granted shall thereupon cease. 

Section 7. This ordinance shall take 
effect and be in force from and after 
its passage and approval, and upon the 
filing of an acceptance in writing of said 
ordinance by said grantee, and the filing 
of the bond herein provided for within 
thirty days from the passage of this 
ordinance, 

ALSO, 

That the same Committee, to whom 
was referred an ordinance granting per- 
mission to the Bowman Dairy Company 
to lay a switch track, submitted a re- 
port recommending that the same be 
placed on file. 

Aid. Hunter moved to concur in the 
report. 

The motion prevailed. 



1798 



1905 



BUILDING DEPARTMENT. 
The Committee on Building Depart- 
ment, to whom was referred an ordinance 
providing for the supervision of the 
wrecking of buildings, submitted a re- 
port recommending the passage of the 
same. 

Aid. Harkin moved that the report be 
deferred and published. 

The motion prevailed. 

The following is the report: 

Chicago, November 29, 1905. 
To the Mayor -and Aldermen of the City 

of Chicago in Council Assembled: 

Your Committee on Building Depart- 
ment, to whom was referred ordinance 
providing for supervision of wrecking of 
buildings, having had the same under 
advisement, beg leave to report and rec- 
ommend that the ordinance do pass. 
D. V. HARKiisr, 
Chadi'man. 



AN ordinance 
For the supervision of the wrecking of 
buildings by the Commissioner of 
Buildings, 

Be it ordained by the City Council of the 

City of CMcago: 

Section 1. That Section 209 of the 
Revised Municipal Code of Chicago of 

1905 be and the same is hereby amended 
so as to read as follows 

"209. (May Stop Construction and 
Wrecking of Buildings.) Said Com- 
missioner shall have power to stop 
the construction of any building or 
the making of any alterations or re- 
pairs of any building within said city 
when the same is being done in a reck- 
less or careless manner or in violation 
of any ordinance, and to order, in 
writing or by parole, any and all per- 
sons in any way or manner whatever 
engaged in so constructing, altering 
or repairing any such building, to stop 
and desist therefrom. 

And the said Commissioner shall 
have power to stop the wrecking or 
tearing down of any building or struc- 
ture within said city when the same is 
being done in a reckless or careless 
manner or in violation of any ordi- 
nance or in such a manner as to en- 
danger life or property, and to order 
any and all persons engaged in said 
work to stop and desist therefrom. 
When such work has been stopped 
by the order of said Commissioner, it 
shall not be resumed until said Com- 
missioner shall be satisfied that ade- 
quate precautions will be taken for 
the protection of life and property, 
and that said work will be prosecuted 
carefully and in conformity with the 
ordinances of the city." 
Section 2, That Article II of Chap- 
ter 15 of the Revised Municipal Code 
of Chicago of 1905 be and the same is 
hereby amended by adding the follow- 
ing section, which shall appear therein 
as Section 238a: 

"238a. (Permit for Wrecking Build- 



December 4, 



1799 



1905 



ing.) Before proceeding with the 
wrecking or tearing down of any 
building or structure, a permit for 
such wrecking or tearing down shall 
first be obtained by the owner or his 
agent from the Commissioner of Build- 
ings, and it shall be unlawful to pro- 
ceed' with the wrecking or tearing 
down of any building or structure or 
any structural part thereof within the 
city unless such permit shall first have 
been obtained. Application for such 
permit shall be made by such owner 
or his agent to the Commissioner of 
Buildings, who shall issue such per- 
mit upon such application and the pay- 
ment of the fee herein provided for. 
Such application shall state the lo- 
cation and describe the building which 
it is proposed to wreck or tear down. 
The fee for such permit shall be two 
dollars for every twenty-five feet, or 
fractional part thereof, of frontage. 
Upon the issuance of such permit such 
building may be wrecked or torn 
down, provided that all the work done 
thereunder shall be subject to the su- 
pervision of the Commissioner of 
Buildings, and shall be performed un- 
der the same restrictions as govern 
the erection of buildings." 
Section 3. The penalties prescribed 
by Section 738 of the Revised Munici- 
pal Code of Chicago of 1905 for viola- 
tions of the provisions of Chapter 15 
of said Code shall apply with equal 
force and effect to violations of Sections 
1 and 2 of this ordinance. 

Section 4. This ordinance shall be in 
force from and after its passage and due 



publication. 



ALSO, 



The same Committee, to whom was 
referred an ordinance granting permis- 
sion to the Coliseum Company to erecc 
wooden structures and supports for 
seats, submitted a report recommending 
the passage of an accompanying substi- 
tute ordinance. 



Aid. Harkin moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, November 29, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Council Asse^nhled: 
Your Committee on Building Depart- 
ment, to whom was referred ordinance. 
Coliseum Company, concerning supports 
for seats, having had the same under 
advisement, beg leave to report and rec- 
ommend the passage of the following or- 
dinance : 

Be it ordained hy the City Council of the 
City of Chicago : 

Section 1. That Section 405 of the 
Building Ordinances be and hereby is 
amended to read as follows: 

Section 405. (Buildings, Class IV 
—Construction of.) Buildings of 
Class IV., containing halls of an ag- 
gregate seating capacity of not more 
than eight hundred, may be built of 
ordinary construction. If such halls 
have a greater aggregate seating ca- 
pacity than eight hundred (800) and 
less than one thousand five hundred 
(1,500), such building shall be built 
of mill, slow-burning, or fireproof con- 
struction. If such halls have an ag- 
gregate seating capacity of one thou- 
sand five hundred (1,500) or more, 
such buildings shall be built entirely 
of fireproof construction, provided that 
buildings mainly used for exposition 
or exhibition purposes, and not ex- 
ceeding two stories in height or having 
for public use only a main floor and 
one gallery, and which have their out- 
side walls and structural members of 
incombustible material and which 
comply in all other respects with this 
ordinance may have their temporary 
seats, boxes, show-cases, platforms, or 
booths, constructed of combustible ma- 
terial. 

D. V. Harkin, 

Chairman. 



December 4, 



1800 



1905 



ALSO, 

The same Committee, to whom was 
referred an order for a permit to D. 
Heitman to erect a shed and an order 
for a permit to Henry Flischman to erect 
a shed, submitted a report recommend- 
ing the passage of the same. 

Aid. Harkin moved that the report 
be deferred and published. 
The motion prevailed. 
The following is the report: 

Chicago, November 29, 1905. 
To the Mayor and Aldermen of the City 
of Chicago in Council Assembled: 
Your Committee on Building Depart- 
ment, to whom was referred order D. 
Heitman, permit for shed, order Henry 
Flischman, permit for shed, having had 
the same under advisemnt, beg leave to 
report and recommend that the said 
orders do pass. 

D. V. Harkin, 

Chairman. 
Ordered, That the Commissioner of 
Buildings be and he is hereby di- 
rected to issue a permit to D. Heitman 
to erect a frame shelter shed at 59th 
and Paulina streets in accordance with 
plans hereto attached, provided the roof 
of same be constructed of incombustible 
material. 

Ordered, That the Commissioner of 
Buildings be and he is hereby di- 
rected to issue a permit to Henry Flisch- 
man to build a shelter shed enclosed on 
one side, 8x16 feet,^ at 1975 Fillmore 
street. 

ALSO, 

The same Committee, to whom was 
referred order Albert H. Hollander, to 
eliminate one stairway from building; 
order Jacob H. Cohen, to finish build- 
ing; order Adolph Album, for photo- 
graph operating room at 557 South Hal- 
sted street, submitted a report recom- 
mending that the same be placed on file. 

Aid. Harkin moved to concur in the 
report. 

The motion prevailed. 



UNFINISHED BUSINESS OF FORMER 

MEETINGS PENDING BEFORE 

THE COUNCIL. 

The 'Clerk, on motion of Aid. Bennett, 
presented the report of "the Committee on 
Finance on claim of G. Lasher & Sons, 
for rebate of water tax at 1637 Indiana 
avenue, deferred and published Novem- 
ber 27, 1905, page 1618. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed. 

The following is the order as passed: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to issue a voucher 
in favor of G. Lasher & Sons in the sum 
of five and twenty-five one -hundredths 
dollars ($5.25), same to be in full for 
claim of rebate of water tax paid at 
1637 Indiana avenue, and the Comptrol- 
ler is ordered to pay the same. 

The Clerk, on motion of Aid. Bennett, 
presented the report of the Committee on 
Finance on claim of James J. Renn for 

payment of shortage under Warrant 
33173, deferred and published November 
27, 1905, page 1618. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as fol- 
lows : 

Teas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt, 23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 



December 4, 



1801 



Bllil--, 



Kohout, Hunter — 66. 

Tsiays — None. 

The following is the order as passed: 

Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to allow a reduc- 
tion on bill for water taps laid under 
Special Assessment Warrant 33173 in 
the sum of $50.00, being the amount of 
shortage in said warrant. 

This action is taken in accordance 
with the report of the Commissioner of 
Public Works, showing said amount of 
fifty dollars ($50.00) to be due the con- 
tractor, James J. Renn. 

The Clerk, on motion of Aid. Bennett, 
presented the report of the Committee 
on Finance on petition of Arnold Heap 
for quit-claim deed, deferred and pub- 
lished November 27, 1905, page 1619. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 
Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, Nowic- 
ki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt ( 23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 
Islays — None. 

The following is the order as passed: 
Ordered, That the Mayor and the City 
Clerk be and they are hereby authorized 
and directed to issue quit- claim deed 
of and to the city's interest in Lot 46, 
Block 38, Canal Trustees' Sub., Section 
7-39-14, acquired under tax sales for 
non-payment of special assessments, 



1905 

levied under Warrants 25555 and the 3d, 
4th and 5th installments of Warrant 
23925, said quit-claim deed to be issued 
to the owner of the fee of said property 
upon payment to the city the amount 
of forty-nine and seventy-four one-hun- 
dredths dollars ($49.74). 

The Clerk, on motion of Aid. Bennett, 
presented the report of the Committee 
on Finance on claim of Patrick Fedigan 
for personal injuries sustained while in 
the employ of the city, deferred and 
published November 27, 1905, page 1619. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 
Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, Nowic- 
ki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter — 66. 
l^ays — None. 

The following is the order as passed: 
Ordered, That the Commissioner of 
Public Works be and he is hereby au- 
thorized and directed to issue a voucher 
in favor of Patrick Fedigan in the sum 
of nineteen and twenty-five one-hun- 
dredths dollars ($19.25), same to be in 
full of claim for personal injuries sus- 
tained while employed as a laborer at 
the Thirty-ninth Street Pumping Sta- 
tion, in accordance with waiver' attached 
hereto, and the Comptroller is ordered to 
pay the same from the appropriation 
for intercepting sewers. 

This action is taken upon the recom- 



December 4, 



1802 



1905 



mendation of the Commissioner of Pub- 
lic Works, under date of November 16, 
1905, attached hereto. 

The Clerk, on motion of Aid. Bennett, 
presented the report of the Committee 
on Finance on bids for purchase of site 
for engine house in the vicinity of Har- 
rison street and 48th avenue, deferred 
and published November 27, 1905, page 
1619. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, Nowic- 
ki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt ( 23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxl;on, 
Kohout, Hunter— 66. 

Nays — None. 

The following is the order as passed: 

Ordered, That the City Comptroller be 
and he is hereby authorized and directed 
to purchase two lots 50x125 feet, lo- 
cated at the northeast corner of 47th 
avenue and Lexington street, and fur- 
ther known as Lots 164 and 165, in Blocks 
1 to 4, in Purington & Scranton's Sub., 
Section 15-39-13, at an amount not to 
exceed sixteen hundred dollars ($1,600). 

This action is taken in accordance 
with the recommendation of the Fire 
Marshal, under date of November 13, 
1905, and the approval of price by the 
City Comptroller, under date of Novem- 
ber 13, 1905, both attached hereto. 

The Clerk, on motion of Aid, Bennett, 
presented the report of the Committee 



on Finance on bids for sale of property 
for site to be used for police station in 
the territor}^ bounded by Ashland and 
Western avenues, Montrose boulevard 
and Addison avenue, deferred and pub- 
lished November 27, 1905, page 1620. 

Aid. Bennett moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, Nowic- 
ki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 

Nays— 'None. 

The following is the order as passed: 

Ordered, That the City Comptroller be 
and he is hereby authorized and directed 
to purchase property situated at the 
northeast corner of Robey and Grace 
streets, being 33.12 by 125 feet to a 16- 
foot alley, to be used as a site for po- 
lice station, for an amount not to exceed 
twenty-six hundred dollars ($2,600), 
subject to tg^xes for the year 1905. 

This action is taken in accordance 
with the recommendation of the General 
Superintendent of Police, dated Novem- 
ber 21st, 1905, and the approval, as to 
price, of the City Comptroller, under 
date of November 15, 1905. 

The Clerk, on motion of Aid. Dunn, 
presented the report of the Committee on 
License on an ordinance amending 
Section 1337 of the Revised Municipal 
Code of 1905 in re liquor., deferred and 
published November 27, 1905, page 1621. 



December 4, 



1803 



1905 



Aid. Dunn moved to concur in the 
report and pass the ordinance therewith. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas— Kenna, Dixon, Harding, Prin- 
gle, Foreman, Richert, Dailey, McCor- 
mick (5th Ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman Cul- 
lerton, Uhlir, Zimmer, Consindine, Riley, 
Maypole Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conlon, Ryan, Pow- 
ers, Finn, Stewart, McCormick (21st 
Ward), Roose, Dougherty, Sullivan, 
Schmidt (23d Ward), Schmidt (24th 
Ward), Hahne, Williston, Dunn, Rein- 
berg, Lipps, Butler, Siewert, Raymer, 
Larson, Carey, Wendling, Bradley, Burns, 
Roberts, O'Connell, Badenoch, Eidmann, 
Bihl, Hunt, Ruxton, Kohout, Hunter — 65. 
Nays — Coughlin — 1. 

The following is the ordinance as 
passed: 

Be it ordained hy the City Council of the 

City of Chicago: 

Section 1. That Section 1337 of the 
Revised Municipal Code of Chicago of 
1905, be and the same is hereby amend- 
ed as follows, to-wit: By adding at the 
end of such section the following words: 

"Provided nothing herein contained 
shall be so construed as to prevent any 
hotel from serving intoxicating or spirit- 
ous liquors of all kinds to its guests 
on any floor of or in any part of such 
hotel, providing said liquor provided 
herein to be served shall be kept in and 
only served from the bar of a licensed 
dramshop located in and managed by 
said hotel. This provision applying only 
to hotels conducted and maintained as 
such. And provided further that no in- 
toxicating liquors shall be served in any 
restaurant, ice cream parlor, chop suey 
or lunch room or other public eating 
room, either with or without meals, un- 
less there is a licensed bar run in con- 
nection therewith and on the same floor 
with such restaurant, ice cream parlor, 



chop suey or lunch room or other public 
eating room, such room or rooms to be 
specifically described as provided for 
herein when license is applied for; pro- 
vided that nothing herein contained shall 
be so construed as to prevent any hotel 
from serving intoxicating liquors of all 
kinds to its guests on any floor of or in 
any part of such hotel if the same is 
taken from any licensed bar in said ho- 
tel." 

Section 2. This ordinance shall be in 
force from and after its passage and due 
publication. 

The Clerk, on motion of Aid. Dunn, 
presented the report of the Committee 
on License on an ordinance for a prohibi- 
tion district North Sacramento avenue, 
alley south of Walnut street, North 
Francisco avenue, etc., deferred and pub- 
lished November 27, 1905, page 1621. 

Aid Dunn moved to amend the ordi- 
nance as follows : 

Amend on page 1622 by striking out 
the words "Fourteen (14) in Canal Trus- 
tees," after the word block in line sev- 
enteen (17) and inserting in lieu there- 
of the following: 

"Thirteen (13) in T. D. Brown's 
Subdivision of Lot thirteen (13) in 
south three (3) acres of Lot two (2) 
of S. D. Lee and others." 
And strike out the words "Said block," 
after the word "in," in line twenty-three 
(23) and insert in lieu thereof: 

"Block fourteen (14) in Little's Re- 
subdivision of Lots twenty-five (25) 
to thirty- two (32) in Lee and others' 
subdivision of southwest quarter Sec- 
tion 12-39-13." 

And strike out the words "Fourteen 
(14)," after the word "block" in line 
twenty-six (26) and insert in lieu there- 
of: 

"Fifteen (15) in Grayden and Lrav- 
son's Subdivision of Block fifteen (15) 
in D. S. Lee and others Subdivision, 
southwest quarter Section 12-39-13." 
The motion prevailed. 




December 4, 



1804 



1905 



Aid. Schmidt (23d Ward) presented 
the following amendment: 

Amend Section 1 of said ordinance so 
that said section shall read as follows: 

Section 1. That no license shall be 
granted to any person to keep a dram- 
shop at any place within the territory 
bounded by a line as follows: 

Beginning at a poipt at the intersec- 
tion of the center line of North Sacra- 
mento avenue, with the center line of 
the first alley north of Fulton street; 
running thence south along the center 
line of said Sacramento avenue to the 
center line of the first alley south of 
Walnut street running east from Sacra- 
mento avenue; thence along the center 
line of said alley to the center line of 
North Francisco avenue; thence south 
along the center line of said North Fran- 
cisco avenue to the center line of the 
first alley north of Lake street running 
east from North Francisco avenue; 
thence east along the center line of said 
alley to the east line of Lot thirty-five 
(35) in Block fourteen (14) in Canal 
Trustees' Subdivision, southwest quar- 
ter Section 12-39-13; thence south along 
the east line of said Lot thirty-five (35) 
to the center line of the alley running 
east and west south of Lots seven " ( 7 ) 
and sixteen (16) in said block; thence 
east along the center line of said alley 
to the west line of Lot thirty-one (31) 
in Block fourteen (14); thence north 
along the west line of Lot thirty-one 
(31) to the center line of the first alley 
north of Lake street, running west from 
North California avenue; thence east 
along the center line of said alley to the 
center line of North California avenue; 
thence north along the center line of 
North California avenue to the center 
line of the first alley north of Fulton 
street; thence west along the center line 
of said alley to the place of beginning. 

Aid. Harkin moved to lay the amend- 
ment on the table. 

The motion prevailed by yeas and 

nays as follows: 



Yeas— Pringle, Foreman, Richert, Dail- 
ey, Martin, Potter, Snow, Bennett, Jones, 
Scully, Hofi'man, Uhlir, Zimmer, Con- 
sidine, Riley, Maypole, Harkin, Beilfuss, 
Smith, Dever, Conlon, Ryan, Finn, Stew- 
art, McCormick (21st Ward), 
Williston, Dunn, Lipps, Butler, Siewert, 
Raymer, Larson, Carey, Bradley, Rob- 
erts, O'Connell, Badenoch, Eidmann, 
Bihl, Ruxton, Hunter — 41. 

2^a2/s— Coughlin, Kenna, McCormick 
(5th ward), Cullerton, Nowieki, Sitts, 
Powers, Reese, Dougherty, Sullivan, 
Schmidt (23d Ward), Schmidt (24th 
ward), Hahne, Reinberg, Wendling, Ko- 
hout— 16. 

Aid. Harkin moved the passage of the 
ordinance as amended. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : • 

Yeas— -Kenna, Dixon, Harding, Pringle, 
Foreman, Richert, Dailej^ McCormick 
(5th ward), Martin, Potter, Young, 
Snow, Bennett, Jones, Moynihan, Fick, 
Harris, Hurt, Scully, Hoffman, Uhlir, 
Zimmer, Considine, Riley, Maypole, Hkr- 
kin, Beilfusis, Smith, Nowieki, Dever, 
■ Sitts, Conlon, Ryan, Powers, .Finn, Stew- 
art, McCormick (21st ward), Reese, 
Dougherty, Sullivan, Schmidt (24th 
ward), Hahne, Williston, Dunn, Rein- 
berg, Lipps, Butler, Siewert, Raymer. 
Larson, Carey, Bradley, Burns, Robertsfi 
O'Connell, Badenoch, Eidmann, Bihl, 
Hunt, Ruxton, Kohout, Hunter — 62. 

l^ays — Coughlin,- Cullerton, Schmidt 
(23d Ward), Wendling— 4. 

The following is the ordinance as 
passed: 

Be it ordained by the City Council of the 
City of Chicago : 

Section 1. That no license shall be 
granted to any person to keep a dram- 
shop at any place within the territory 
bounded by a line as follows : 

Beginning at a point at the intersec- 
tion of the center line of West Kinzie 
street with the center line of North 



December 4, 



1805 



1905 



Sacramento avenue; running thence 
south along the center line of said North 
Sacramento avenue to the center line 
of the first alley south of Walnut street 
running east from Sacramento avenue; 
thence along the center line of said alley 
to the center line of North Francisco 
avenue; thence south along the center 
line of said North Francisco avenue to 
the center line of the first alley north 
of Lake street running east from North 
Francisco avenue; thence east along the 
center line of said alley to the east line 
of Lot thirty-five (35), in Block thirteen 
(13) in T. D. Brown's Subdivision of 
Lot thirteen (13) in south three (3) 
acres of Lot two (2) of S. D. Lee and 
others' Subdivision, southwest quarter 
Section 12-39-13; thence south along the 
east line of said Lot thirty-five (35) to 
the center line of the alley running east 
and west south of Lots seven (7) and 
sixteen (16) in Block fourteen (14) in 
Little's Resubdivision of Lots twenty- 
five (25) to thirty-two (32) in Lee 
and others' Subdivision of southwest 
quarter Section 12-39-13; thence east 
along the center line of said alley to 
the west line of Lot thirty-one (31), in 
Block fifteen ( 15 ) in Grayden and Law- 
son's Subdivision of Block fifteen (15) 
in D. S. Lee and others' Subdivision, 
southwest quarter Section 12-39-13; 
thence north along the west line of Lot 
thirty-one (31) to the center line of the 
first alley north of Lake street running 
west from North California avenue; 
thence east along the center line of said 
alley to the center line of North Cali- 
fornia avenue; thence north along the 
center line of North California avenue 
to the center line of West Kinzie street; 
thenee west along the center line of 
West Kinzie street to the place of be- 
ginning. 

Section 2. This ordinance shall take 
effect and be in force from and after its 
passage. 

The Clerk, on motion of Aid. Dunn, 
presented the report of the Committee 
on License on prohibition district in 



13th Ward, Douglas boulevard, alley 
south of Colorado avenue, Central Park 
avenue. West Van Buren street, etc., de- 
fered and published November 27, 1905, 
page 1622. 

Aid. Dunn moved to concur in the 
report and pass the ordinance therewith. 
The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas— Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Mayni- 
han, Fick, Harris, Hurt, Scully, Hoff- 
man, Cullerton, Uhlir, Zimmer, Consi- 
dine Riley, Maypole, Harkin, Beilf uss, 
Smith, Nowicki, Dever, Sitts, Conlon, 
Ryan, Powers, Finn, Stewart, McCor- 
mick (21st ward), Reese, Doiiglierty, 
Sullivan, Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter — 65. 

IS^at/s— Schmidt (23d ward)— 1. 

The following is the ordinance passed: 
Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That no license shall be 
granted to any person to keep a dram- 
shop at any place within the territory 
bounded by a line as follows : 

Beginning at a point at the intersec- 
tion of the center line of Colorado ave- 
nue with the center line of Douglas 
boulevard; running thence south to a 
point at the intersection of the center 
line of Douglas boulevard with the cen- 
ter line of the first alley south of Colo- 
rado avenue running east from Doug- 
las boulevard; thence in an easterly di- 
rection to the point where the alley runs 
in a northeasterly direction; thence in 
a northeasterly direction along the cen- 
ter line of said alley to the intersection 
of the center line of said alley with the 
center line of Central Park avenue; 
thence north along the center line of 



Ml 



December 4, 



1806 



1905 



Central Park avenue to the intersection 
of the center line of Central Park avenue 
with the center line of West Van Buren 
street; thence east along the center line 
of West Van Buren street to the inter- 
section of the center line of West Van 
Buren street with the center line of the 
first alley east of Central Park avenue 
running north from Colorado avenue, if 
projected south from Colorado avenue to 
intersect with West Van Buren street; 
thence north along the center line of said 
alley projecting south of Van Buren 
street to the intersection of said center 
line of said alley with the center line of 
West Monroe street; thence west along 
the center line of West Monroe street 
to the intersection of the center line of 
West Monroe street with the center line 
of Central Park avenue; thence south 
along the center line of Central Park 
avenue to the intersection of the center 
line of Central Park avenue with the 
center line of Colorado avenue; thence 
southwest along the center line of Colo- 
rado avenue to the point of beginning. 

Section 2. This ordinance shall take 
effect and be in force from and after its 
passage. 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee 
on Schools on request of Board of Educa- 
tion to acquire property adjoining Frank- 
lin school and George Schneider school, 
deferred and published November 27, 
1905, page 1623. 

Aid. Zimmer moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Eiehert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Pick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conldn, Eyan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Eeese, Dougherty, Sullivan, Schmidt (23d 



ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 
Nays — None. 

The following is the order as passed: 
Ordered, That the proper officers of 
the Board of Education be and they are 
hereby authorized to acquire title, under 
the eminent domain law for the use of 
schools, to the following described prop- 
erty : 

The north y^ of Lot 174, Bronson's 
Addition to Chicago, N. E. 14 Section 
4-39-14; also sublot 81 in W. B. Og- 
den's Sub. of Lots 170 and 171, Bron- 
son's Addition to Chicago, N. E. 14 Sec- 
tion 4-39-14, having a frontage of 88 
feet by a depth of 160 feet, located on 
the south side of Sigel street, between 
Wells and Sedgwick streets, together 
with all buildings and improvements on 
the above land, adjoining the Franklin 
School premises. 

Lots 32 to 40, both inclusive. Block 2, 
Wm. Hahne's Sub. of the east 14 of Lot 
13, Snow Estate Sub. of Superior Court 
Partition of E. y^ N. W. i^ Section 30- 
40-14, being 225 feet by a depth of 125.19 
feet, located on the east side of North 
avenue, directly south of and adjoin- 
ing the George Schneider School prem- 
ises, together with all buildings and im- 
provements thereon. 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee 
on Schools on request of Board of Educa- 
tion for purchase of property adjoining 
the Jenner school premises, deferred and 
published November 27, 1905, page 1623. 

Aid. Zimmer moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as fol- 
lows: 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 



December 4, 



180; 



1905 



McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fiek, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, -Sullivan, Schmidt (23d 
Avard), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Bufler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 

'Nays — None. 

The following is the order as passed: 

Ordered, That the proper officers of the 
Board of Education be and they are 
hereby authorized to purchase, for the 
use of schools, the following described 
property adjoining the Jenner School 
premises : 

Lot 16, for the sum of $3,000; owner, 
William H. Duff. 

Lot 17, for the sum of $4,200; owner, 
Mary J. Hanagan. 

Lot 18, for the sum of $2,500; owner, 
James Murphy. 

This property is in Block 14, in Rog- 
ers' Sub. of the N. E. 1/4 of the S. W. % 
of Section 4, T. 39 N., R. 14, East of the 
Third Principal Meridian. 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee on 
Schools on requests of Board of Educa- 
tion for erection of buildings for the re- 
lief of George Schneider school district, 
Washington school district and Koscius- 
ko school district, deferred and published 
November 27, 1905, page 1624. 

Aid. Zimmer moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 



lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
vvicki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McCormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt ( 23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter — 66. 
Nays — None. 

The following is the order as passed: 
Ordered, That the amounts shown op-' 
posite the names of schools hereinafter 
mentioned in this order be and the same 
are hereby appropriated for buildings 
for the relief of said school districts 
and the City Comptroller is hereby au- 
thorized and directed to set aside the 
said amounts from the unappropriated 
balance of the building account for the 
erection of said buildings: 
George Schneider School Dis- 
trict, 26 rooms and as- 
sembly hall $175,000.00 

Washington School District 
26 rooms and assembly 

hall $175,000.00 

Kosciusko School District, 
26 rooms and assembly 

hall $175,000.00 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee 
on Schools on request of Board of Edu- 
cation for 12-room addition to Dante 
school and to rescind action of July 
10th for 6-room addition to said school, 
deferred and published November 27, 
1905, page 1624. 

Aid. Zimmer moved to concur in the 
report and pass the orders therewith. 

The motion prevailed, and the orders 
were passed by yeas and nays as fol- 
lows : 

Yeas — Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 



December 4, 

lerton, Uhlir, Zimmer, Considine, Riley, 
- Maypole, Harkin, Beilfuss, Smith, No- 
wieki, Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart, McOormick (21st ward), 
Reese, Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Butler, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter— 66. 
"Nays — None. 

The following are the orders as passed : 
Ordered, That the sum of $125,000.00 
be and the same is hereby appropriated 
for the erection of a twelve-room addi- 
tion to the Dante School building,-and the 
City Comptroller is hereby authorized 
and directed to set aside the said sum of 
$125,000.00 from the unappropriated bal- 
ance of the building account for the erec- 
tion of said addition. 

Ordered, That that part of the order 
passed July 10th, 1905, published on page 
995 of the Council Proceedings, providing 
for the erection of a six-room addition to 
the Dante School, be and the same is here- 
by rescinded. 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee on 
Schools on request of Board of Educa- 
tion for 12-room addition to Byford 
school building, deferred and published 
November 27, 1905, page 1625. 

Aid. Zimmer moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 

Yeas— Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Pick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conlon, Ryan, Pow- 
ers, Finn, Stewart, McCormick (21st 
ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Rein- 



1808 



1905 



berg, Lipps, Butler, Siewert, Raymer, 
Larson, Carey, Wendling, Bradley' 
Burns, Roberts, O'Connell, Badenocbi 
Eidmann, Bihl, Hunt, Ruxton, Kohout! 
Hunter — 66. 
Inlays — None. 

The following is the order as passed: 
Ordered, That the sum of $125,000.00 
be and the same is hereby appropriated 
for the erection of twelve-room addition 
to the Byford School building, and the 
City Comptroller is hereby authorized 
and directed to set aside the said sum of 
$125,000.00 out of the unappropriated 
balance of the building account for the 
erection of said addition. 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee on 
Schools on request of Board of Educa- 
tion to rescind action in re acquiring 
property, adjoining Schley school, de- 
ferred and published November 27, 1905, 
page 1625. 

Aid. Zimmer moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 

Yeas— Coughlin, Kenna, Dixon, Hard- 
ing, Pringle, Foreman, Richert, Dailey, 
McCormick (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihan, 
Fick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Ulilir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conlon, Ryan, Pow- 
ers, Finn, Stewart, McCormick (21st 
ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Rein- 
berg, Lipps, Butler, Siewert, Raymer, 
Larson, Carey^ Wendling, Bradley, 
Burns, Roberts, O'Connell, Badenoch, 
Eidmann, Bihl, Hunt, Ruxton, Kohout. 
Hunter — 66. 

Nays — None. 

The following is the order as passed: 

Ordered, That so much of the order 
passed February 24th, 1904, published on 
page 2369 of the Council Proceedings as 



December 4, 



1809 



1905 I 



relates to the acquiring of Lot 18 and 
Lot 2 adjoining the Schley School premi- 
ses, be and the same is hereby rescinded. 

The Clerk, on motion of Aid. Zimmer, 
presented the report of the Committee 
on Schools on request of Board of Educa- 
tion to construct urinals and closets in 
Curtis school in compliance with old or- 
dinance, deferred and published Novem- 
ber 27, 1905, page 1625. 

Aid. Zimmer moved to concur in the 
report and pass the order therewith. 

The motion prevailed, and the order 
was passed by yeas and nays as follows : 
yefts_Co'ughlin. Keuna, Dixon, Hard- 
ino-, Pringie, Foreman, Kiehert, Dailey, 
McCormiek (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, Moynihau, 
Pick, ^Harris, Hurt, Scully, Hoffman, Cul- 
ler ton, Uhlir, Zimmer, Considine, lliley. 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki. Dever, Sitts, Conlon, Byan, Pow- 
ers, Finn. Stewart, McCormiek (21st 
ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn. Rein- 
berg, Lipps, Butler, Siewert, Raymer, 
Lai^son, Carey, Wendling, Bradley, 
Burns, Roberts, O'Connell, Badenoch, 
Eidmann, Bihl, Hunt, Ruxton, Kohout. 
Hunter — 66. 
IS'ays — None. 

The following is the order as passed: 
Ordered, That the Board of Education 
be and it is hereby authorized to con- 
struct the plumbing and drainage in the 
George William Curtis School building in 
accordance with the provisions of the Re- 
vised Code of Chicago of 1897, instead of 
the provisions of the Revised Municipal 
Code of Chicago of 1905, and the Depart- 
ment of Health is authorized and directed 
to permit the same to be done. 

The Clerk, on motion of Aid. Young, 
presented the report of the Committee 
on Gas, Oil and Electric Light on ordi- 
nance of Louis Weber & Co., to lay elec- 
trical conductors, deferred and published 
November 27, 1905, page 1623. 



Aid. Young moved to amend the or- 
dinance as follows: 

Amend by striking out the word 
"grantee" in each of the following lines, 
respectively: Line seven of the third 
paragraph of Section 1; line two of the 
second paragraph of Section 3, and line 
nine of Section four, and by inserting 
in each case the word "grantees." 
The amendment was adopted. 
Aid. Young moved the passage of the 
ordinance as amended. 

The motion prevailed and the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas— Co'ughlin, Kenna, Dixon, Hard- 
ing, Pringie, Foreman, Richert, Dailey, 
McCormiek (5th ward), Martin, Potter, 
Young, Snow, Bennett, Jones, ]\Ioynihan, 
Pick, Harris, Hurt, Scully, Hoffman, Cul- 
lerton, Uhlir, Zimmer, Considine, Riley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wicki, Dever, Sitts, Conlon, Ryan, Pow- 
ers, Finn, Stewart, McCormiek (21st 
ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Rein- 
berg, Lipps, Butler, Siewert, Raymer, 
Larson, Carey, Wendling, Bradley, 
Burns, Roberts, O'Connell, Badenoch, 
Eidm,ann, Bihl, Hunt, Ruxton, Kohout, 
Hunter — 66. 
2\iays — None. 

The following is the ordinance as 
passed: 

Be it ordained hy the City Council of the 
City of CMoago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to Louis Weber, Henry L. Weber 
and Jacob Weber, and to such of them as 
during the term hereof constitute the co- 
partnership of Louis Weber & Co., to lay, 
construct, maintain and operate electrical 
conductors underneath the surface of and 
under the sidewalk space on each side of 
Clark street, beginning at the north line 
of Harrison street, at its intersection with 
Clark street, north to the south line of 
Van Buren street at its intersection with 



December 4, 



1810 



1905 



Clark street and connecting with and to 
all adjoining property abutting on said 
Clark street, between said north line of 
Harrison street and the south line of 
Van Buren street. And also under the 
sidewalk space on each side of, and under 
the surface of Van Buren street and un- 
der and across all intersecting streets 
and alleys within the .side lines of said 
Van Buren street extended, within that 
part of Van Buren street, beginning at 
the west line of Dearborn street at its in- 
tersection with Van Buren street, and ex- 
tending to the east line of LaSalle street, 
at its intersection with Van Buren street, 
and connecting with and to all adjoining 
property abutting on said Van Buren 
street, between said east line of LaSalle 
street and the west line of Dearborn 
street. 

All electrical conductors and wires to 
be laid or installed under the authority 
of this ordinance shall be placed under- 
ground and be laid and installed in con- 
formity with the ordinances of the City 
of Chicago governing such installation 
or construction now in force, or which 
may hereafter be passed. The location 
of all of said wires or electrical con- 
ductors to be laid or installed under 
the authority herein contained are more 
particularly shown on a plat showing 
the location of each pipe or conduit laid, 
and the location of manholes and all 
other openings to gain access to said 
pipes or conduits, attached hereto and 
made a part hereof and to which ex- 
press reference is hereby made; a dupli- 
cate of which plat shall be filed by 
the grantees herein with the Commis- 
sioner of Public Works before the in- 
stallation or the construction of the 
work herein authorized. 

The construction and maintenance 
hereby authorized is for the purpose of 
supplying electricity for light, heat and 
power to buildings and occupants of 
such buildings within the territory here- 
inabove described; and it is expressly 
understood and agreed to by the grantees 
herein that the charges for such elec- 



trical service shall not exceed the sum 
of ten (10) cents per each 1,000 watts 
or one kilowatt per hour; and pro- 
vided further that the right is expressly 
reserved to the City of Chicago to make 
any reasonable regulation of the rates 
charged by said grantees below ten (10) 
cents per kilowatt. 

Section 2. The rights and privileges 
hereby granted shall cease and deter- 
mine ten (10) years from and after the 
date of the passage of this ordinance, or 
at any time prior thereto in the dis- 
cretion of the Mayor. 

Section 3. The location of all wires 
and conductors hereby authorized shall 
be subject to the approval of both the 
Commissioner of Public Works and the 
City Electrician, and none of the work, 
construction or installation hereby au- 
thorized shall be commenced until such 
approval of said officials shall be ob- 
tained in writing; and the construction 
hereby authorized it is agreed may be 
changed or removed at any time upon 
the direction of the Mayor of the City 
of Chicago. 

It is further expressly provided that 
in any conduits laid by said grantees 
herein, under the provisions of this ordi- 
nance, there shall be reserved to the City 
of Chicago two (2) ducts for the use 
of- said City, and provision shall be made 
so that said City of Chicago may con- 
veniently and safely operate the same 
for its own purposes and uses. 

Section 4. Said grantees shall not con- 
struct said pipes or conduits, or in any 
way disturb the surface of any of the 
streets or alleys in the territory above de- 
scribed, until they shall have secured the 
permission of the Department of Public 
Works or other authorized authority of 
said city for said work; and whenever 
said grantees shall make application in 
writing for such permission and shall 
comply with the terms and conditions 
of this ordinance, it shall be the duty 
of said department or other proper au- 
thority to issue the same. 



December 4, 



1811 



1905 



Said grantees shall do no permanent 
injury to any of said streets or alleys 
in the territory above described, or in 
any manner interfere with any sewer, 
gas pipe, cable, wire or conduit therein, 
and shall not open or encumber more of 
said streets or alleys than shall be neces- 
sary to enable them to proceed with 
advantage in constructing their pipes or 
conduits. 

At the termination of the privileges 
hereby granted, by lapse of time or 
otherwise, said grantees shall restore said 
streets and alleys to their proper condi- 
tion, safe for public travel, to the satis- 
faction of the Commissioner of Public 
Works, so that the portion of said streets 
and alleys where said pipes or conduits 
had been located shall be put in the 
same condition, safe for public travel, 
as the remaining portion of said streets 
and alleys in the same block. 

Section 5. Before said grantees shall 
disturb the surface of any of said streets 
or alleys they shall deposit with the 
Commissioner of Public Works a sum of 
money sufficient to pay for the restora- 
tion to as good a condition as the same 
was in before being disturbed of so much 
of said streets or alleys as they shall have 
out of the condition in which the grantees 
found it at any one time; and said gran- 
tees shall promptly restore said streets 
or alleys, or any portion thereof, to as 
good a condition as the same was in 
before being disturbed,and shall maintain 
the portion so disturbed and repaired in 
such good condition for the period ^ of 
two years and do the work of restoration 
to the satisfaction and approval of the 
Commissioner of Public Works; where- 
upon said money so deposited shall be 
returned to said grantees; but if for any 
reason the amount of said deposit shall 
have been insufficient to cover the cost 
of such work, or if any damage shall 
have been flone to any underground work 
or connection or otherwise not contem- 
plated in the original estimate which 
shall have caused increased expenditure, 
the amount of deficiency or damage shall 



be certified to the City Comptroller, who 
shall collect the same from said grantees 
herein, and said grantees shall, upon de- 
mand, immeuiately pay the same, and no 
other permit shall be issued to the gran- 
tees herein for any other or additional 
work until the amount thereof shall have 
been paid. If said grantees shall neglect 
or refuse to restore said streets or alleys, 
or any portion thereof, then the Com- 
missioner of Public Works may, and with 
the funds so deposited shall, cause the 
same to be done and shall repay and 
refund only the surplus, if any, to said 
grantees. 

Said grantees shall not permit said 
streets or alleys, or any portion thereof, 
to remain open or encumbered for a long- 
er period than shall be necessary to 
properly execute the work for which the 
same shall have been opened or encum- 
bered, and shall erect and maintain suit- 
able barriers and lights to prevent any 
accidents in consequence of such open- 
ing or encumbering of said street or 
alley, or any portion thereof. 

Section 6. All pipes, conduits, elec- 
trical conductors and other necessary ap- 
pliances maintained and operated under 
this ordinance by said grantees shall be 
of modern excellence, and constructed, 
maintained and operated in first-class 
manner; and it is expressly agreed and 
understood that the rights and privil- 
eges granted hereunder are subject to 
all general ordinances of the City of 
Chicago now in force or which may here- 
after become in force, and especially any 
ordinance concerning the removal or re- 
placement of any pipes or conduits un- 
derground. 

It is further agreed that the grantees 
herein will alter, change and remove 
from said streets or alleys, or any of 
them, any or all of their pipes or con- 
duits that may in any way interfere 
with the construction and operation of 
any municipal underground work here- 
inafter undertaken. 

Section 7. No work shall be done 



December 4, 



1812 



1905 



under the authority of this ordinance 
until a permit authorizing the same shall 
have been issued by the Commissioner or 
Public Works, and no permit shall issue 
until the grantees herein shall execute to 
me City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
($10,000) dollars, with sureties to be 
approved by the Mayor, conditioned to 
indemnify, save and keep harmless said 
City of Chicago, from any and all lia- 
bility, cost, damage or expense of any 
kind whatsoever which may be suffered 
by it, said City of Chicago, or which 
it may be put to, or which may accrue 
against, be charged to or recovered from 
said city, from or by reason of the pas- 
sage of this ordinance, or from or by 
reason of any act or thing done under 
or by authority of the permission herein 
given; and conditioned further to ob- 
j serve and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability of 
tne sureties thereunder shall be kept ir. 
force throughout the life of this ordi- 
nance, and if at any time during the life 
of this ordinance said bond shall not bo 
in full force, then the privileges and au- 
thority herein granted shall thereupon 
cease. 

Section 8. Said rights herein granted 
are upon the express condition that said 
grantees, as compensation for the privil- 
eges conferred by this ordinance, will 
pay to the City of Chicago during the 
life of this ordinance, ten per cent (10%) 
of the gross receipts derived from the 
distribution and sale of electricity for 
light, heat or power; and said payment 
to be made on the first days of January, 
April, July and October of each year. 
Each payment shall be accompanied by 
a statement verified by one of the gran- 
tees herein, setting forth accurately and 
truthfully the gross receipts derived 
from the exercise of the authority here- 
by granted, and for the purpose of en- 
abling the city to inform itself of the 
grantees' receipts, the City Comptroller, 
or some person appointed therefor by 
him, shall have access to the books, 



papers, accounts and records of all fiscal 
operations of the grantees at all reason- 
able and necessary times, and the 
amount found by said Comptroller or his 
representative to be the gross receipts of 
said grantees derived from the sale of 
electricity for said purposes and for the 
period under consideration, shall be the 
amount upon which the said grantees 
shall pay such compensation. 

Section 9. It is made an express pro- 
vision of this ordinance that the said 
grantees herein shall, within a period of 
six (6) months from and after the pas- 
sage of this ordinance, have constructed 
and in operation a proper plant for the 
purpose of conveying and distributing 
electricity for heating, lighting and 
power purposes within the territory 
above described. 

Section 10. This ordinance shall not 
be in force until the said grantees shall 
have filed with the City Comptroller a 
bond, in addition to the bond herein pro- 
vided for, with some surety company as 
surety, which shall be acceptable to said 
Comptroller in the sum of ten thousand 
dollars ($10,000), which bond shall be 
for the express purpose of insuring the 
maintenance of a constant electrical light 
service to be furnished by electrical 
apparatus located within the territory 
described in this ordinance, and also to 
secure the payment to the City of Chicago 
by the said grantees of the ten (10) per 
cent of the gross receipts of said grantees 
in accordance with the terms hereinbefore 
provided. Said bond shall be forfeited 
if the service herein provided for is not 
furnished continually and regularly, and 
under the conditions herein required, or 
if the payment of said ten ( 10) per cent 
of the gross receipts of said grantees is 
not duly made to the City of Chicago as 
provided by the terms of this ordinance. 
Section 11. The grantees herein shall 
at no time during the life of this ordi- 
nance sell, lease or convey the lines of 
wires, plant, franchise, property, etc., 
owned or used by them in connection with 
the permission and authority hereby 



December 4, 



1813 



1905 



granted, to any other corporation, firm 
or person; nor shall said grantees con- 
solidate or combine, directly or indirectly, 
with any firm, corporation or person so 
as to unite the lines of wires, plant, fran- 
chise, property, etc., used in connection 
with the authority and permission hereby 
granted, with the plant or property of 
any such corporation, firm or person, but 
said grantees shall at all times during 
the life of this ordinance maintain and 
operate the plant, franchise and property 
herein referred to and used in connection 
with the authority hereby granted as an 
independent enterprise and free from any 
connection with any other corporation, 
firm or person engaged in a similar occu- 
pation. 

If said grantees shall not operate said 
plant for a continuous period of six (6) 
months, then and in that case this ordi- 
nance shall be null and void. 

Section 12. It is made an express 
provision of this ordinance, and by the 
acceptance hereof the grantees herein bind 
themselves faithfully to observe such pro- 
vision, that there shall be no discrimina- 
tion in the rates to be charged by said 
grantees for the use of electricity for 
light, heat and power as between persons 
using the same amount of electricity, 
whether such electricity be used at differ- 
erent hours of the day or during the same 
hours of the day, and any discrimination 
in rates charged for the use of electricity 
by said grantees, directly or indirectly, 
by reason of rebate or other shift or eva- 
sion, shall be considered a violation of 
the provisions of this ordinance and shall 
constitute' a ground for the revocation of 
the permission and authority herein given 
by the City of Chicago. 

Section 13. Said grantees shall be sub- 
ject to all the general ordinances of the 
City of Chicago in relation to the gen- 
eration, distribution and sale of electric- 
ity for light, heat and power purposes 
now in force or which shall hereafter be 
in force in relation to the government 
of the same. 

Section 14. It is hereby made an 



express provision of this ordinance that 
if at any time during the life hereof the 
City of Chicago shall desire to purchase 
the plant of the said grantees and the 
property used by said grantees in carry- 
ing out and exercising the privileges 
herein authorized, the said city shall have 
the right so to do on the following terms 
and conditions, to-wit: 

Whenever the City of Chicago shall 
desire to exercise the right of purchase 
it shall give to said grantees written 
notice of such intention^ and within 
ninety (90) days from the date of. 
such written notice it shall select 
and give notice to said grantees 
of such selection of an appraiser, 
and within ten (10) days from the date 
of such notice by the city of such selec- 
tion by it of an appraiser, the grantees 
herein shall select and name to the City 
of Chicago an appraiser, and the two so 
selected and named shall select a third 
person, who shall not be in any way inter- 
ested in either party, the selection of such 
third person to be made within ten (10) 
days from the date of the selecting and 
naming of the appraiser by the said 
grantees herein, and the three persons so 
named and selected as appraisers shall 
act as a Board of Appraisers for the pur- 
pose of ascertaining the value of the 
plant and property owned and in opera- 
tion by the grantees herein and which the 
City of Chicago desires to purchase. In 
the event that the two persons first named 
as appraisers shall fail to agree upon a 
third person to complete said Board of 
Appraisers, then the Chief Justice of the 
Circuit Court of Cook County shall name 
a third person to act as an appraiser, and 
the appraisal of a majority of said Board 
of Appraisers shall be final and conclu- 
sive upon both the City of Chicago and 
the said grantees as to the amount to be 
paid by said city to said grantees for the 
plant and other property of said grantees 
which it is desired by the City of Chicago 
to purchase. It is expressly provided, 
however, that in making such appraisal, 
the appraisers shall not consider or take 



December 4, 



1814 



1905 



into consideration as an element of value 
or price in determining their award or 
appraisal the rights and privileges given 
in and by this ordinance, but shall con- 
sider and appraise solely the value of tbe 
plant and the apparatus and electrical 
conductors used and operated by said 
gTantees in supplying electricity for light- 
ing, heating and power purposes under 
the proAdsions of this ordinance. And 
the said Board of Appraisers, within 
thirty (30) days from the date of its 
organization, shall arrive at its award 
or appraisal, and shall communicate the 
amount of the same within such thirty 
(30) days to both the City of Chicago 
and the said grantees. And the City of 
Chicago shall within a reasonable time 
thereafter pay to the said grantees the 
amount of Said award, and upon payment 
of said amount the grantees shall at once 
convey to the City of Chicago all prop- 
erty of every nature and description 
described in said award. It is provided, 
however, that the said grantees shall have 
the right to continue to operate their 
plant under the provisions of this ordi- 
nance up to the time the City of Chi- 
cago shall mak'e its payment of the pur- 
chase price fixed upon by said appraisers. 
Section 15. This ordinance shall take 
effect and be in force from and after its 
passage and acceptance in writing; pro- 
vided said acceptance shall be filed with 
the City Clerk of the City of Chicago 
within thirty (30) days of the passage 
of this ordinance and the filing of the 
bonds hereinbefore provided. 

The Clerk, on motion of Aid. Bihl, 
presented the report of the Committee on 
Streets and Alleys, South Division, on 
an ordinance to permit Julian Hotel to 
construct a canopy over entrance, de- 
ferred and published November 13, 1905, 
page 1457. 

Aid. Bihl moved to concur, in the re- 
port and pass the ordinance therewith. 

The motion prevailed, and the ordi- 
nance was passed by yeas and nays as 
follows : 

Teas— Co'ughlin, Kenna, Dixon, Hard- 



ing, Pringle, Foreman, Pvichert, Dailey, 
McCormick (5th ward), Martin, Potter' 
Young, Snow, Bennett, Jones, Moynihan,' 
Pick, Harris, Hurt, Scully, Hoffman, Cul- 
ierton, Uhlir, Zimmer, Considine, PJley, 
Maypole, Harkin, Beilfuss, Smith, No- 
wieki, Dever, Sitts, Conlon, Pyan,' Pow- 
ers, Finn, Stewart, McCormick (21st 
ward), Reese, Dougherty, Sullivan, 
Schmidt (23d ward), Schmidt (24th 
ward), Hahne, Williston, Dunn, Rein- 
berg, Lipps, Butler, Siewert, Raymer, 
Larson, Carey, Wendling, Bradley, 
Burns, Roberts, O'Connell, Badenoch,' 
Eidmann, Bihl, Hunt, Ruxton, Kohout, 
Hunter — 66. 
JS'ays — None. 

The following is the ordinance as 

passed: 

Be it ordained hy the City Council of tJie 
City of Chicago: 

Section 1. That permission and au- 
thority be and the same are hereby given 
and granted to John Ulm, his successors 
and assigns, to construct, maintain and 
use a canopy over the entrance to the 
Julian Hotel, projecting over the side- 
walk from the building at the north- 
west corner of 63d street and Stewart 
avenue, which canopy shall be con- 
structed of incombustible material. 

The lowest portion of said canopy 
shall not be less than eleven feet above 
the surface of the sidewalk over which 
said canopy projects, shall not extend 
more than fourteen (14) feet beyond the 
face of the wall of said building, and 
shall not exceed thirty-one (31) feet in 
width. 

The location, construction and mainte- 
nance of said canopy shall be under the 
direction and supervision of the Com- 
missioner of Public Works and the Fire 
Marshal of the City of Chicago, and the 
location and construction of same shall 
be in accordance with plans and specifica- 
tions which shall first be approved by 
the Commissioner of Public Works and 
the Fire Marshal of the City of Chi- 
cago, a copy of which plans and specifica- 



December 4, 



1815 



1905 



tions shall at all times be kept on file 
in the office of the Commissioner of Pub- 
lic Works; and no permit shall be is- 
sued allowing any work to be done in 
and about the construction of said 
canopy herein authorized, until such 
plans and specifications have first been 
submitted to and approved by the said 
Commissioner of Public Works and the 
said Fire Marshal. 

Section 2. The permission and au- 
thority herein granted shall cease and 
determine ten (10) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
cretion of the Mayor. In case of the 
termination of the privileges herein 
granted by lapse of time, or by the exer- 
cise of the Mayor's discretion as afore- 
said, said grantee shall remove said 
canopy without cost or expense of any 
kind whatsoever to the City of Chicago. 
Provided, that in the event of a failure, 
neglect, or refusal on the part of the 
said grantee, his successors or assigns, 
to remove said canopy when directed so 
to do, the City of Chicago may proceed 
to remove same and charge the expenses 
thereof to the said grantee, his succes- 
sors or assigns. 

Section 3. In consideration of the 
privileges herein granted, and as com- 
pensation therefor, said grantee, his suc- 
cessors or assigns, shall pay to the City 
of Chicago, so long as the privileges 
herein authorized are being enjoyed, the 
sum of twenty-five ($25.00) dollars per 
year, payable annually, in advance; the 
first payment to be made as of the date 
of the passage of this ordinance, and 
each succeeding payment annually there- 
after, and it is expressly understood and 
agreed that if any default is made in the 
payment of said compensation, the privi- 
leges hereby granted shall at once termi- 
nate. 

Section 4. No work shall be done 
under the authority of this ordinance 
until a permit shall first have been is- 
sued by the Commissioner of Public 
Works authorizing such work to pro- 



ceed; and no permit shall issue vmtil 
the first annual payment herein pro- 
vided for has been made at the office 
of the City Comptroller of the City of 
Chicago, and a bond has been executed 
by the said grantee in the penal sum of 
ten thousand ($10,000.00) dollars, with 
sureties to be approved by the Mayor, 
conditioned to indemnify, save and keep 
harmless the City of Chicago from any 
and all damages, cost, expense, or liabil- 
ity of any kind whatsoever which may 
be suffered by it, said City of Chicago, 
or which it may be put to, or which may 
accrue against, be charged to, or recov- 
ered from said city from, by reason of, 
or on account of the permission and au- 
thority herein granted, or the exercise 
by the grantee herein, his lessees or as- 
signs, of the permission and authority 
herein given; and conditioned further 
for the faithful observance and perform- 
ance of all and singular the conditions 
and provisions of this ordinance; said 
bond and the liability of the sureties 
thereon shall be kept in force through- 
out the life of this ordinance, and if at 
any time during the life ol this ordinance 
such bond shall not be in full force then 
the privileges herein granted shall there- 
upon cease. 

Section 5. This ordinance shall take 
effect and be in force from and after its 
passage; provided that the said grantee 
file a written acceptance of this ordi- 
nance together with the bond herein- 
above provided for, within thirty (30) 
days. 

The Clerk, on motion of Aid. Harkni, 
presented the report of the Committee 
on Building Department on order W. B. 
Ester for permit for frame addition in 
rear 6628 Monroe avenue, deferred and 
published November 20, 1905, page 1548. 
Aid. Harkin moved to concur in the 
report and pass the order therewith. 
The motion prevailed. 
The following is the order as passed: 
Ordered, That the Commissioner of 
Buildings be and he is hereby directed to 



December 4, 



1816 



1905 



issue a permit to W. B. Ester to remodel 
shed in rear of 6628 Monroe avenue in 
accordance with sketch hereto attached; 
provided the roof shall be constructed of 
incombustible material. 

The Clerk, on motion of Aid. Ilarkin, 
presented the report of the Committee 
" on Building Department on order to per- 
mit J. Sachs to repair shed at 373 W-est 
14th street, deferred and published No- 
vember 20, 1905, page 1549. 

Aid. Harkin moved to concur in the 
report and pass the order therewith. 

The motion prevailed. 

The following is the order as passed: 

Ordered, That the Commissioner of 
Buildings be and he is hereby directed 
to issue permit to J. Sachs to repair 
frame shed recently damaged by fire, in 
rear of No. 373 West 14th street, with- 
out increasing the original size thereof; 
provided same shall be covered with cor- 
rugated iron inside and outside. 

The Clerk, on motion of Aid. Harkin, 
presented the report of the Committee 
on Building Department on order James 
G. Ambrose for one- story frame build- 
ing at southeast corner of Hamlin ave- 
nue and 16th street, deferred and pub- 
lished November 13, 1905, page 1468. 

Aid. Harkin moved to concur in the re- 
port and pass the order therewith. 

The motion prevailed. 

The following is the order as passed: 

Ordered, That the Commissioner of 
Buildings be and he is hereby directed to 
issue permit to James G-. Ambrose to 
erect a one-story frame building on the 
rear of the lot located at the southeast 
corner of Hamlin avenue and 16th street. 

Aid. Young presented the following 
communication and resolution: 

Gasgow, November 11, 1905. 
Aid. Linn H. Young, 151 Wahash Avp.. 

Chicago. 

Dear Sir — I have this morning re- 
ceived your letter of the 2nd inst., and, 



as the American mail leaves in an hour, 
I hasten to reply thereto. 

In answer to your queries, I have to 
state that no one in Glasgow had the 
slightest idea that my visit to Chicago 
was a purely personal one. I certainly 
considered, as did the Lord Provost and 
the City Council here, that I was going 
to Chicago as the guest of the munici- 
pality, and that anything I might have 
to say on the traction question would 
be public property. 

Before receiving your letter, I had al- 
ready made up my mind that, should I 
receive any further communication from 
members of your City Council, I would 
inform them that, if the Transportation 
Committee and the City Council passed 
a resolution asking me for my views 
on the traction question, I should simply 
send a copy of my letter to the Mayor. 

When I was in Chicago I was very 
much astonished that I did not get an 
opportunity of meeting the members of 
the Transportation Committee, but, of 
course, your methods of municipal gov- 
ernment are very different from ours. 

I have often said to Chicago people, 
who have written to me on the subject, 
that I trust you will soon have an up- 
to-date traction system, and that, pos- 
sibly at no distant date, the City Coun- 
cil of Chicago may be in a position to 
carry on the whole undertaking as a 
department of municipal enterprise. I 
may say candidly, however, that I do 
not think immediate municipal owner- 
ship is the best way to attain that end. 

I trust you will excuse this short let- 
ter. 

Yours truly, 
(Signed) J. A. Dalrymple, 
General Manager. 
The following is the resolution: 
Resolved, That Mr. James Dalrymple 
be requested to furnish his views on the 
local transportation question of the City 
of Chicago, 

Aid. Young moved that the resolu- 



December 4, 



1817 



1905 



tion presented be substituted for the res- 
olution presented by himself and de- 
ferred October 30, 1905, as printed at 
pages 1340 and 1341, Current Council 
Proceedings. 

The motion prevailed. 

Aid. Snow moved to amend the reso- 
lution by inserting the words "to the 
City Council" after the word "views." 

The amendment was adopted. 

Aid. Young moved to adopt the reso- 
lution as amended. 

The motion prevailed by yeas and 
nays as follows: 

Yeas — Dixon, Pringle, Foreman, 
Dailey, Potter, Young, Snow, Ben- 
nett, Jones, Harris, Maypole, Smith, 
Powers, Stewart, McCormick (21st 
ward), Reese, Schmidt (23d ward), 
Schmidt (24th ward), Hahne, Williston, 
Dunn, Lipps, Butler, Siewert, Raymer, 
Larson, Carey, Wendling, Roberts, Bad- 
enoch, Eidmann, Bihl, Hunt, Ruxton, 
Hunter— 34. 

¥a2/s— Coughlin, Kenna, Harding, Rich- 
ert, McCormick (5th ward), Martin, 
Moynihan, Pick, Hurt, Scully, Hoffman, 
Cullerton, Uhlir, Zimmer, Considine, Ri- 
ley, Harkin, Beilfuss, Nowicki, Dever, 
Sitts, Conlon, Ryan, Finn, Dougherty, 
Sullivan, Reinberg, Bradley, O'Connell, 
Kohout— 31. 

The following is the resolution as 
adopted : 

Resolved, That Mr. James Dalrymple 
be requested to furnish his views to the 
City Council on the local transportation 
question of the City of Chicago. 

The Clerk, on motion of Aid. Young, 
presented an order directing the Com- 
mittee on Gas, Oil and Electric Light to 
consider rates, engage experts, etc., de- 
ferred November 20, 1905, page 1635. 

Aid. Young moved the passage of the 
order. 

Aid. Pringle moved to amend the ord- 
er as folows: 

Amend said order by adding after the 



last paragraph of said order the follow- 
ing words : "Ordered further that said 
committee is hereby instructed to report 
its findings as to 'just and reasonable' 
rates not later that the 15th day of Jan- 
uary, 1906." 

The amendment was adopted. 
After debate Aid. Zimmer called for 
the previous question. 
The call was sustained. 
The question recurring on the passage 
of the order as amended. 

The motion prevailed by yeas and 
]iays as follows : 

Yeas — Kenna, Dixon, Harding Pringle, 
Foreman, Richert, Dailey, McCormick 
(5th Ward), Martin, Potter, Young, 
Snow, Bennett, Jones, Moynihan, Fick, 
Haris, Hurt, Scully, Hoffman, Cullerton, 
Uhlir, Zimmer, Considine, Riley, May- 
pole, Harkin, Beilfuss, Smith, Nowicki, 
Dever, Sitts, Conlon, Ryan, Powers, 
Finn, Stewart McCormick (21st Ward), 
Reese, Dougherty, Sullivan, Schmidt, 
23d Ward), Schmidt (24th Ward), 
Hahne, Williston, Dunn, Reinberg, Lipps, 
Butler, Siewert, Raymer, Larson, Carey, 
Wendling, Bradley, Burns, Roberts, 
O'Connell, Badenoch, Eidmann, Bihl, 
Hunt, Ruxton, Kohout and Hunter— 65. 
No ys — Coughlin — 1 . 

The following is the order as passed: 
Whereas, The Forty-third General As- 
sembly of the State of Illinois passed an 
act entitled "An act to confer upon the 
City of Chicago the power and authority 
to sell surplus electricity and to fix the' 
rates and charges for the supply of gas 
and electricity for power, beating and 
lighting furnished by any individual, 
company. or corporation to said City of 
Chicago and the inhabitants thereof," 
approved May 18, 1905; and 

Whereas, It is provided therein that 
such "act shall not be in force until the 
question of its adoption shall first have 
been submitted to the electors of such 
city and approved by a majority of those 
voting thereon"; and 

Whereas, The question of the adop- 



December 4, 



1818 



1905 



tion of such act was regularly submitted 
to the electors at the general election 
in the City of Chicago, Tuesday, Novem- 
ber 1, 1905, and was approved by a ma- 
jority of those voting thereon; and 
. Wheeeas, It is desirable that the City 
of Chicago take advantage as promptly 
as possible of the right conferred upon 
it by such act to prescribe by ordinance 
maximum rates and charges for the sup- 
ply of gas and electricity for power, heat- 
ing and lighting furnished by any indi- 
vidual, company or corporation to such 
city and the inhabitants thereof; and 

Whereas, The act of the General As- 
sembly conferring the power of such regu- 
lation of rates specifically states that 
such rates and charges must be "just and 
reasonable," it is therefore essential that 
the Council base its action upon reliable 
information and data, thus making it 
certain that the rates so established will 
successfully stand the test, if necessary, 
of legal inquiry as to their reasonable- 
ness; therefore 

Ordered, That the Committee on Gas, 
Oil and Electric Light be and is hereby 
directed to take up for consideration the 
question of establishing such maximum 
rates, securing all possible information 
regarding the processes and cost of manu- 
facturing gas and the cost of producing 
electricity and prices charged for the sale 
of the same, both in this city and in other 
large cities, and that the Committee be 
further directed, after a careful, complete 
and thorough investigation of the subject- 
matter, to report such ordinance or ordi- 



nances as in the light of such investiga- 
tion shall seem reasonable for the crea- 
tion of such maximum rates for the sup- 
ply of gas and electricity for power, heat- 
ing or lighting to the City of Chicago or 
its inhabitants, by any individual, com- 
pany or corporation; and 

Ordered, Further, that the Committee 
is hereby empowered to engage such ex- 
perts as it deems necessary to assist in 
the securing of data, and the requisite 
clerical assistance to preserve and ar- 
range the same for the consideration of 
the Committee and the Council, and that 
the Finance Committee be directed to 
provide in the next annual appropriation 
bill for the payment of the same. The 
City Statistician is hereby directed to 
co-operate with the Committee in the 
collection of information. 

Ordered, Further, that said Committee 
is hereby instructed to report its find- 
ings as to "just and reasonable" rates 
not later than the 15th day of January, 
1906. 

adjournment. 

Aid. Foreman moved that the Council 
do now adjourn. 

The motion prevailed, and the Coun- 
cil stood adjourned to meet on Monday, 
December 11, 1905, at 7:30 o'clock P. M. 





CITY CLERK. 



December 11, 



1819 



1905 



PROCEEDINGS 



OF THE 



CITY COUNCIL 

Chicago. Illinois 



Regular Meeting, Monday, December ii, 1905. 



7:30 O'CLOCK P. M 



OFFICIAL RECORD. 

Published by authority of the City Coun- 
cil of the City of Chicago, Tuesday, 
December 12, 1905. 

Present— Kis Honor, the Mayor and 
Aid. Coughlin, Kenna, Dixon, Pringle, 
Foreman, Richert, Dailey, McCormick 
(5th ward), Martin, Young, Snow, Ben- 
nett, Jones, Moynihan, Fick, Harris, 
■Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss. Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward)-, Hahne, 
Williston, Dunn, Reinberg, Lipps, 
Siewert, Raymer, Larson, Carey, Wend- 
ling, Bradley, Burns, Roberts, O'Connell, 
Badenoch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race. 



Ahisent~Ald. Harding, Potter, Culler- 
ton, Kunz, Brennan, McCormick (21st 
ward), Werno and Butler. 



MINUTES. 

Aid. Foreman moved that the minutes 
of the regular meeting, held December 
4, 1905, be approved without being read. 

The motion prevailed. 



Communications From the Mayor, Comp- 
troller, Commissioner of Public Works 
and All Other City Officers, Depart- 
ments and Branches of the City Gov- 
ernment. 

His Honor, the Mayor, submitted the 
following report: 



December 11^ 



1820 



1905 



I 



Mayor's Office, | 
City of Chicago, Dee. 11, 1905. J 
Honorable City Council of the City of 
Chicago : 

Gentlemen — In accordance with law 
I hereby report to your Honorable Body 
the names of persons imprisoned for 
violation of city ordinances, who have 
been released by me during the week 
ending December 9, 1905, together with 
the cause of such release. 

A. F. Sloan, released for Frank J. 
Ryan. 

Wm. Evans, released for wife. 
John Sheridan, released for father. 
John Doe, released for sister. 
John Miller, released for wife. 
- Wm. Nagel, released for Dan Herlihy. 
Louis Spenzer, released for Dan Herli- 
hy. 

Owen Moran, released for Police De- 
partment. 

Wm. McDonald, released for John J. 
Fitzpatrick. 

Alice Hubbard, released for Frank 
Childs. 

Earl Landry, released for Aid. Brad- 
ley. 

Ida Dollinger, released for F. M. 
Charleton. 

Maud Ashley, released for F. M. 
Charleton. 

J. Sweeney, released for Joseph Mur- 
phy. 

Edward Moss, released for Thos. A. 
Smyth. 

Jas. Gallagher, released for Thos. A. 
Smyth. 

Burt Chase, released for wife. 
John Drew, released for Geo. Dee. 
Jos. Switzer, released for Aid. Bradley. 
Peter Duffy, released for wife. 
Lawrence Smith, released for wife. 
Albert George, released for wife. 
Frank Novak, released for Abe Frost. 
Maurice J. Anderson, released for wife. 



Max Davidson, released for Rev. 
Joseph Kamisarsky. 

John Mahon, released for John A. 
Miller. 

Michael Dwyer, released for mother. 

Jas. Duggan, released for Aid. Riehert. 

Frank Koch, released for Aid. Dever. 

Jennie Lawrance, released for sister. 

John Carter, released for father and 
Aid. Bradley. 

Which was placed on file. 

also, 
The following communication: 

Mayor's OfS'ice, ") 
December 11, 1905. J 
To the Honorable, the City Council: 

Gentlemen — By virtue of the author- 
ity conferred upon me, I hereby appoint 
Robert E. Hulsman as bridgetender at 
the Belmont Avenue Bridge, vice John 
Winniktis, and respectfully ask the con- 
currence of your Honorable Body. 
Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Scully moved to concur in the 
appointment. 

The motion prevailed. 

ALSO, 

The following communication: 

Mayor's Office, ] 
December 11, 1905. J 
To the Honorable, the City Council: 

Gentlemen — By virtue of the author- 
ity conferred upon me, I hereby appoint 
Anton Cermak as Bailiff of the Third 
District Police Court, vice Patrick O'Mal- 
ley, deceased, and respectfully ask the 
concurrence of your Honorable Body. 
Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Dixon moved to concur in the 
appointment. 

The motion prevailed. 



December 11, 



1821 



1905 



'I 



ALSO, 

The following communication: 

Mayor's Office, 

December 11, 1905. 

To the Honorable, the City Council: 

Gentlemen— By virtue of the author- 
ity conferred upon me, I hereby appoint 
Thomas Redmond as Bailiff of the Sec- 
ond District Police Court, vice Max Feil- 
sdhmidt, and respectfully fisk the con- 
currence of y*our Honorable Body. 
Respectfully, 

E. F. Dunne, 
Mayo7\ 
Aid. Raymer moved to concur in the 
appointment;. 

The motion prevailed. 

ALSO, 

The following veto message: 

Mayor's Office, ) 
December 11, 1905. \ 
To the Honorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an order passed at the 
last regular meeting of your Honorable 
Body and published at page 1905 of the 
current printed Council Proceedings, 
directing the Commissioner of Public 
Works to issue a permit to the Pioneer 
Paper Stock Company, to construct a 
temporary sidewalk and platform in 
front of the premises 325-7-9 South Des- 
plaines street, for the reason that the 
said order does not give the dimensions 
of the proposed sidewalk or sufficiently 
describes its height or position, or the 
material of which it is to be constructed, 
nor does the order provide that it shall 
be constructed and maintained under the 
rules and regulations of the Department 
of Public Works, and be subject to re- 
vocation at any time by the Mayor. 

In all the foregoing particulars I am 
advised by the Law Department that the 
said order is defective. 

Respectfully, 

E. F. Dunne, 

Mayor. 



Aid. Foreman moved to reconsider the 
vote by which the order referred to in 
the veto message of His ri.onor, tue 
Mayor, was passed. 

The motion prevailed. 

Aid. Foreman moved that the order 
be passed, the veto of His Honor, the 
Mayor, to the contrary no twitlis ■sanding. 

xjie motion was lost. 

ALSO, 

The following veto message : 

Mayor's Office, ] 
December 11, 1905. [ 
To the Honorable, the City Council: 

Gentlemen— I return herewith, with- 
out my approval, an ordinance passed at 
the last regular meeting of your Honor- 
able Body, and printed at page 1644 of 
the current printed Council Proceedings, 
giving permission to the Women's Athle- 
tic Club to construct and maintain a 
canopy over the sidewalk space in front 
of the premises known as No. 150 Wash- 
ington street, for the reason that said 
ordinance does not require that the said 
canopy be constructed of incombustible 
material. 

As a further reason for withholding 
my approval I would say that if it is 
intended that the said ordinance shouM 
compel the payment of any compensa- 
tion that may be prescribed in the future 
for the use of space underneath the side- 
walk in front of the said premises, then 
the ordinance should contain a provision 
declaring that the privilege granted shall 
terminate and the ordinance become null 
and void upon the failure of the grantee 
to promptly pay any installment of com- 
pensation that may be fixed in the future 
by the City Council for the use of space 
underneath public sidewalks. 

I respectfully recommend that the ' 
vote by which said ordinance was passed 
be reconsidered, and that the ordinance 
be repassed without the usual reference 
to a committee with the following 
amendments : 

Amend Section 1 of said ordinance by 



December 11 



1822 



inserting in the fifth line of said section 
after the word "canopy" the words "of 
incombustible material." 

Amend Section 5 of said ordinance by 
adding at the end thereof the following: 
"Provided that the privilege herein 
granted shall terminate and this ordi- 
nance become null and void, if said 
grantee, or its assigns, fails to prompt- 
ly pay any installment of compensa- 
tion which may be hereafter required 
by ordinance to be paid to the City of 
Chicago for the use of space under- 
neath public sidewalks." 

Respectfully submitted, 

E. F. Dunne, 

Mayor. 

Aid. Coughlin moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, Was passed. 
The motion prevailed. 
Aid. Coughlin moved that the ordi- 
nance be amended in accordance with 
the veto message of His Honor, the 
Mayor. 

The motion prevailed. 
Aid. Coughlin moved the passage of 
the ordinance as amended. 

The motion prevailed, and the ordi- 
niance was passed by yeas and nays as 
follows : 

yg^s_Coughlin, Kenna, Dixon, Prin- 
gle, Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss. Smith, Nowicki, Dever, Sitts, Con- 
Ion, 'pyan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 62. 
Nays—^one. 



1905 

The following is the ordinance as 
passed : 

Be it ordained ly the City Council of the 
City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to the Women's Athletic Club, 
its successors and assigns, to construct 
and maintain a canopy of incombus- 
tible material 18 feet in -length and 
11 feet in width over sidewalk space 
in front of premises known as 150 
Washington street, to be constructed ac- 
cording to plans approved by the Com- 
missioner of Public Works of the City of 
Chicago, and to be filed in his office; the 
said canopy shall be constructed in a 
safe and workmanlike manner under the 
supervision and to the satisfaction of the 
Commissioner of Public Works. 

Section 2. The permission and au- 
thority hereby granted shall cease and 
determine ten (10) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
erection of the Mayor. In case of the ter- 
mination of the privileges herein granted 
by lapse of time, or by the exercise of 
the Mayor's discretion, as aforesaid, said 
grantee, its successors and assigns, shall 
restore said portion of the sidewalk at 
the place where said canopy is located to 
a condition satisfactory to the Commis- 
sioner of Public Works without cost or 
expense of any kind whatsoever to said 
City of Chicago, so that the portion of 
said sidewalk where said canopy had 
been located shall be put in the same 
condition, safe for public travel, as the 
other parts of said sidewalk in the same 
block. 

Section 3. No work shall be done un- 
der the authority of this ordinance until 
a permit authorizing the same shall have 
been issued by the Commissioner of Pub- 
lic Works, and no permit shall issue until 
the grantee herein shall execute to the 
City of Chicago a good and sufficient 
bond in the penal sum of ten thousand 
($10,000) dollars, with sureties to be 



December 11, 



1823 



1905 



approved by the Mayor, conditioned to 
indemnify, save and keep harmless the 
City of Chicago from any and all lia- 
bility, cost, damage or expense of any 
kind whatsoever which may be suffered 
by it, said City of Chicago, or which it 
may be put to, or which may accrue 
against, be charged to or recovered from 
said city from or by reason of the pas- 
sage of this . ordinance or from or by 
reason of any act or thing* done under or 
by authority of the permission herein 
granted; and conditioned further to 
observe and perform all and singular the 
conditions and provisions of this ordi- 
nance. Said bond and the liability there- 
on shall be kept in force throughout the 
life of this ordinance, and if at any time 
during the life of this ordinance such 
bond shall not be in full force, then the 
privileges herein granted shall thereupon 
cease. 

Section 4. During the life of this or- 
dinance said grantee, its successors and 
assigns, shall at all times keep the side- 
walk in which such canopy is located in 
a condition satisfactory to the Commis- 
sioner of Public Works, 

Section 5. The permission and au- 
thority herein granted are upon the ex- 
press condition that said grantee, its 
successors and assigns, shall comply with 
all general ordinances of the City of 
Chicago now or hereafter in force, per- 
taining to and regulating the use of 
space underneath public sidewalks, and 
if compensation is required by any such 
ordinance to be paid to the City of Chi- 
cago for such use, the grantee herein, its 
successors and assigns, shall pay such 
compensation as is prescribed by any 
such ordinance, provided that the privi- 
lege herein granted shall terminate and 
this ordinance become null and void, if 
said grantee, or its assigns, fails to 
promptly pay any installment of com- 
pensation which may be hereafter re- 
quired by ordinance to be paid to the 
City of Chicago for the use of space 
underneath public sidewalks. 

Section 6. This ordinance shall take 



effect and be in force from and after its 
passage and upon the filing within thirty 
(30) days of an acceptance, in writing, 
of this ordinance by said grantee, and 
the filing within the same time of the 
bond herein provided for. 

ALSO, 

The following veto message: 

Mayor's Office, 

December 11, 1905. 

To the Honorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed at 
the last regular meeting of your Honor- 
able Body, and published at page 1803 
of the current printed Council Proceed- 
ings, amending Section 1337 of the Re- 
vised Municipal Code of 1905 relating to 
liquor. 

I return this ordinance without my ap- 
proval for the reason that certain por- 
tions of the. same would — contrary to the 
intent of the framers — permit the sale of 
liquor in an establishment which would 
be designated "ice cream parlor." I am 
sure that such was not the object of the 
sponsors of this ordinance, and observ- 
ing that such might be its uses, and for 
the further reason that I am advised by 
the Law Department that these particu- 
lar parts of the ordinance are susceptible 
of confusing the whole ordinance and 
rendering Section 1337 of the Code ob- 
scure, I express my disapproval of the 
same. 

Such other portions of the ordinance 
as are preserved in the amendment hereto 
submitted meet my approval. 

Therefore, I respectfully recommend 
that the vote by whicih said ordinance 
was passed, be reconsidered, and that 
said Section 1337 of the Revised Munici- 
pal Code of the City of Chicago be 
amended, without the usual reference to 
a committee, by adding to said Section 
1337 the language embodied in the ordi- 
nance submitted herewith. 

Respectfully submitted, 

E. F. Dunne, 

Mayor. 



L 



December 11, 



1824 



1905 



Aid. Dunn moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 
The motion prevailed. 
Aid. Dunn moved that the ordinance 
submitted by His Honior the Mayor be 
substituted for the ordinance mentioned 
in the veto message. 
The motion prevailed. 
Aid. Dunn moved the passage of the 
substitute ordinance. 

The motion prevailed, and >the ordi- 
nance was passed by yeas and nays as 
follows : 

Yeas— Coughlin, Kenna, Dixon, Prin- 
gle, Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Tick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 62. 
JSfays—'None. 

The following is the ordinance as 
passed : 

Be it ordained hy the City Council of the 
City of Chicago: 

Section 1. That Section 1337 of the 
Revised Municipal Code of Chicago of 
1905, be and the same is hereby amended 
as follows, to-wit: By adding at the end 
of said section the following words: 

"Provided nothing herein contained 
shall be so construed as to prevent any 
hotel from serving intoxicating or spirit- 
uous liquors of all kinds to its guests, 
on any floor of, or in any part of such 
hotel, if such liquor so served, shall be 
kept in, and only served from a licensed 
bar or dram shop, located in, and con- 
ducted by said hotel. The foregoing 
provisions shall apply only to hotels con- 



ducted and maintained as such. Noth- 
ing herein relating to hotels is to be 
construed as removing from the opera- 
tion of this ordinance any restaurant, 
lunch room, chop suey place or room, 
or any other public eating room or 
place; but none of the rooms or places 
mentioned, shall serve, either with or 
without meals, any intoxicating or 
spirituous 'iquors, except under a license 
obtained under- and in compliance with 
the provisions of this ordinance." 

Section 2. This ordinance shall be 
in force from and after its passage and 
due publication. 

ALSO, 

The following veto message: 

Mayor's Office, J 
December 11, 1905. j 
To the Eonorahle, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an order passed at the 
last regular meeting of your Honorable 
Body, and published at page 1648 of the 
current printed Council Proceedings, 
which reads as follows: 

"Ordered, That the Commissioner of 
Buildings and the Superintendent of 
Water Department, be and they are 
hereby directed to issue a free permit 
for the erection of Saint Stanislaus 
School hall, and free permit for the 
use of water during the construction 
of the same," etc. jMt 

I withhold my approval of the fore- ^^ 
going order for the reason that, under 
the city ordinances, the charges for wa- 
ter fall upon the contractor during the 
period of construction of a building, and 
not upon the owners of a building, and 
for the further reason that the order is 
improperly drawn inasmuch as it is not 
directed against the head of the Depart- 
ment of Public Works. 

Respectfully, 

E. F. Dunne, 

Mayor. 

Aid. Nowicki moved to reconsider the 
vote by which the order referred to in 



December 11, 



1825 



1905 



the veto message of His Honor, the 
Mayor, was passed. 

The motion prevailed. 

Aid. Nowieki moved that the order be 
passed, the veto of His Honor, the Mayor, 
to the contrary notwithstanding. 

The motion was lost. 

ALSO, 

The following veto message: 

Mayor's Office, ] 
December 11, 1905. [ 
To the Eonorable, the City Council: 

Gentlemen — I return herewith, with- 
out my approval, an ordinance passed 
at the last regular meeting of your 
Honorable Body, and published at 
pages 1809 to 1814, inclusive, of the 
current printed Council Proceedings, 
granting permission to the partnership 
of Louis Weber and Company to con- 
struct, maintain and operate electrical 
conductors underneath the surface of 
Clark street, for the following reasons: 

1. The provisions of some of the 
sections of the ordinance are not en- 
tirely clear. 

2. There is no express provision that 
the ordinance shall become null or void, 
or may be declared null and void upon 
failure of the grantees to promptly pay 
any installment of the compensation 
fixed by the ordinance. 

3. Section 10 of the ordinance, which 
requires a surety acceptable to the 
Comptroller, provides that such surety 
shall be some surety company, and does 
not permit the furnishing of a bond 
signed by individual sureties. 

4. Inasmuch as niot only the City of 
Chicago, but also those of its inhabitants 
who may receive a supply of electricity 
under the ordinance, are interested in 
its continuance in force and a compliance 
■with its provisions, I think the pro- 
vision at the end of Section 11 which 
terminates the privilege granted by the 
ordinan<>e absolutely should be modified 



so that the Mayor or City Council may 
elect whether or not they will declare 
the ordinance null and void if the gran- 
tees fail to operate the plant for a con- 
tinuous period of six (6) months. 

5. If the ordinance is to be amended 
in the respects already indicated, I would 
suggest that the phraseology of Section 
2 of the, ordinance should also be changed 
in the interest of perspicuity. 

For the foregoing reasons I suggest 
that the vote by which said ordinance 
was passed be reconsidered and that the 
ordinance be amended as follows: 

Amend Section 2 of the said ordinance 
by striking out the last six words of the 
section and substituting therefor the fol- 
lowing phrase: 

"by the revocation of this ordinance 
by the Mayor at his discretion." 
Amend Section 5 by inserting in the 
fourth line thereof after the words "Pub- 
lic Works" the word "such" and by in- 
serting in the fifth line thereof after the 
word "money" the words "as upon in- 
vestigation he shall deem." 

Amend Section 8 of the said ordinance 
by striking out of the sixteenth and 
seventeenth lines the words "exercise of 
the authority hereby granted," and sub- 
stituting therefor the words "said dis- 
tribution and sale of all electricity for 
light, heat or power." 

Further amend said Section 8 by add- 
ing at the end thereof the following: 

"It is hereby expressly provided that 
if the said grantees, or their assigns, 
fail to promptly pay any installment 
of said compensation, the Mayor, at 
his discretion, may revoke this ordi- 
nance, whereupon the privileges herein 
granted shall terminate and this ordi- 
nance become null and void." 
Further amend the said ordinance by 
striking out all of Section 10 as it now 
.stands, and substituting therefor as fol- 
lows: 

"Section 10. This ordinance shall 
not be in force until the said grantees 



December 11, 



1826 



1905 



shall have filed with the City Comp- 
troller a bond in addition to the bond 
herein provided for, with sureties to 
be approved by said City Comptroller, 
in the sum of ten thousand ($10,000) 
dollars, conditioned for the mainte- 
nance by the said grantees, or their 
successors, who shall assume all the 
obligations of this ordinance, of a con- 
stant electrical light service to be fur- 
nished by electrical apparatus located 
within the territory described in this 
ordinance, and also conditioned to se- 
cure the payment to the City of Chi- 
cago by the said grantees of the ten 
(10) per cent of the gross receipts of 
said grantees in accordance with the 
terms hereinbefore provided. The said 
grantees and the said sureties, under 
the said bond, shall be liable therein- 
under lat any time, if the service here- 
in provided for is not furnished con- 
tinually and regularly, and under the 
conditions herein required, or if the 
payment of said ten (10) per cent of 
the gross receipts of Said grantees is 
not duly made to the City of Chicago 
as herein provided. Said bond and the 
liability of the sureties thereunder 
shall be kept in force throughout the 
life of this ordinance, and if at any 
time during the life of this ordinance 
said bond shall not be in full force, 
then the privileges and authority here- 
in granted shall thereupon cease." 

Amend Section 11 of the said ordinance 
by striking out the last five words there- 
of, and substituting therefor the follow- 
ing language: 

"may be revoked by the Mayor, at his 

discretion and thereupon shall become 

null and void." 

Amend Section 1 by striking out of the 
seventh tine from the end of said section 
the words "each 1,000 watts," and from 
the sixth line from the end thereof the 
words "or one," and by adding at the 
end of the said section the word "hour." 

I respectfully recommend that said or- 
dinance be re-referred to the Committee 



on Gas, Oil and Electric Light for fur- 
ther consideration. 

Respectfully, 

E. F. Dunne, 

Mayor. 
Aid. Foreman moved to reconsider the 
vote by which the ordinance referred to 
in the veto message of His Honor, the 
Mayor, was passed. 
The motion prevailed. 
Aid. Foreman moved that the ordi- 
nance be referred to the Committee on 
Gas, Oil and Electric Light. 
The motion prevailed. 

The Commissioner of Health presented 
the following communication: 

Department of Health, | 
Chicago, December 11, 1905. J 
Hon. Edward F. Dunne, Mayor, and the 
HonoraUe, the City Council, Chicago: 
Gentlemen — I respectfully call your 
attention to the hardship imposed upon 
the Health Department by reason of a 
contract existing between the city and 
McDonnell & Brennan for the reduction 
of the contents of all privy vaults and 
catch basins removed by night scaven- 
gers. 

After assuming office I was instructed 
by the Finance Committee to strictly en- 
force the ordinance regulating the night 
scavengers because of a bill of damages 
the Committee had to pay McDonnell be- 
cause of the lax enforcement of the law 
previous to my assuming office. As a 
result of active work I have about 800 
unabated vaults, the owners or occu- 
pants of the premises claiming that they 
are unable to pi^ocure scavengers to do 
the work. In looking over the work 
done two years ago I find there were 
some 20 or more licensed night scaven- 
gers. There are to-day but five. The 
increased cost of disposing of their loads 
and the increased travel made it neces- 
sary in almost every case to charge the 
maximum allowed by law for their work, 
and I believe the cases are more com- 
mon where exorbitant charges are made 



December 11, 



1827 



1905 



irrespective of the rates fixed by ordi- 
nance, complaints being frequent from 
citizens whio Kave been unable to have 
tihe work done at any price. 

The contract between McDonnell & 
Brennan and the city requires the de- 
livery of the contents of all vaults and 
catch basins to the firm's plant, situated 
at 35th street and the Illinois Canal at 
Kedzie avenue, a distance of some twenty 
miles from the South Chicago District, 
where the diphtheria epidemic raged so 
relentlessly during the fall months just 
drawing to a close, which was in a large 
measure due almost entirely to the de- 
plorable sanitary conditions in that re- 
gion. In order to avoid a return of this 
dreadful malady I wish to improve the 
sanitary conditions in that region. This 
is well nigh impossible under the ar- 
rangement which exists between the city 
and the firm of McDonnell & Brennan, 
as under their contract they are per- 
mitted to charge about $4.00 a load and 
to have all such contents removed, de- 
livered to their reduction plant at the 
point above referred to. 

The conditions above stated have re- 
sulted in driving all but five scavengers 
out of the business, and has given to the 
remaining ones a practical monopoly 
of the business and the resulting ad- 
vantage to extort unfair prices. This 
hardship comes upon the poorer class of 
people living in the unsewered districts, 
who, therefore, will not have the work 
done until forced to by prosecution, and 
herein results the hardship to the de- 
partment, as it seems to me wrong to 
enforce the ordinance when it works such 
a hardship on the poor people. 

I would, therefore, respectfully recom- 
mend that your Honorable Body take 
some action that will tend to alleviate 
the present conditions. 

Very truly y-ours, 
Chas. J. Whalen, M. D., 
Commissioner of Health. 

Which was referred to the Committee 
on Finance. 



The City Clerk submitted the follow- 
ing communication: 

City Clerk's Office, J 
December 11, 1905. f 
To the Honorable, the Mayor a/nd City 
Council : 

Gentlemen — In accordance with the 
provisions of the Revised Municipal Code, 
I hereby make report of all acceptances 
and bonds, under ordinances, which have 
been filed in this office since your last 
preceding meeting. 

Acceptance and bond of Zenith Electric 
Light Company, under ordinance of No- 
vember 13, 1905. 

Acceptances of the Chicago City Rail- 
way Company, under ordinances of Oc- 
tober 9, and November 20, 1905. 

Bond of Lambert Tree, under ordinance 
of September 25, 1905. 

Yours respectfully, 
A. C. Anson, 

City Clerk. 
Which was placed on file. 

ALSO, 

The following communication: 

Chicago, December 8, 1905. 
To the Common Council of the City of 
Chicago : 

Gentlemen — I submit the following 
request for a fifteen-year franchise to 
operate street cars in said City of Chi- 
cago, for your consideration. The above 
franchise to contain the following points : 

First — Franchise to be fifteen years- 
duration, dating fr'om date of issuance. 

Second — City to take over car lines 
at the expiration of said franchise at the 
value of the tangible property; no fran- 
chise values to be considered of lines 
operated and owned by company at that 
time. 

Third-^A harmless third rail to be 
used instead of the trolley system. 

Fourth — All feed wires to be in con- 
duits and grooved rails to be used.. 

Fifth — Steel cars of latest pattern to 



December 11, 



1828 



1905 



be -used and all work to be of first-class. 
Sixth— Permission to sell surplus 
power to any individual, company, or 
corporation in said city and suburbs. 

Seventh— Permission to run individual 
freight and mail cars over tracks of 
said company. 

Eighth — ^Universal transfers to all 
other steam and electric lines in said 
city and suburbs. 

Ninth — Three-cent fares, ten full fares 
for a quarter, half fares to be cent and 
one-half, twenty half fares for a quarter. 
Tenth — ^Lines to be on such thorough- 
fares as the Council may determine and 
approve and business warrant. 

Eleventh — All such othier reasonable 

regulations and requirements as may be 

necessary for the safety and comfort of 

the public and the good of the service. 

Twelfth — City to receive five per cent 

of gross receipts of said company. 

Awaiting your early reply, I remain. 

Yours very sincerely, 

Jno. G. Davis, 
4726 Wabash Avenue. 
Which was referred to the Committee 
on Local Transportation. 



The bond of John H. Synon as bridge- 
tender at Harrison street bridge in the 
penal sum of five thousand dollars 
($5,000), with James P. Synon and 
Michael W. Murphy as sureties. 

Aid. Powers moved that the bond be 
approved. 

The motion prevailed by yeas and. nays 
as follows: 

Yeas — Coughlin, Kenna, Dixon, Prin- 
gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Pick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 



Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 62. 
Nays — None. 

ALSO, 

The report of the City Physician for 
the month ending November 30, 1905. 
Which was placed on file. 

The Board of Education submitted the 
following requests: 

To purchase lot adjoining Jenner 
School premises. 

To aicquire property adjoining Mar- 
quette School premises. 

To acquire property for school site 
North Albany avenue, Byron street and 
North Troy street. 

For additional appropriation for the 
Key School. 

For additional appropriation for Nix- 
on School. 

Which was referred to the Committee 
on Schools. 

The Commissioner of Public Works 
submitted the following communication: 

Department of Public Works, | 
December 11, 1905. j 
To the EonoraUe, the 31 ay or and the 
City Council: 

Gentlemen — In accordance with the 
order of your Honorable Body of Novem- 
ber 27, relative to the Rogers Park Wat- 
er Company, I beg to submit the accom- 
panying report of W. A. Shaw, Engineer 
in charge of the Water System, for your 
information. 

Very truly yours, 

J. M. Patterson, 

Commissioner. 

Department of Public Works, 
Decem.ber 11, 1905. 
Hon. J. M. Patterson, Commissioner of 
Public Works: 
Dear Sir— As per your request of De- 



December 11, 



1829 



1905 



camber 2nd, asking for a report on order 
of the City Council of November 27th. 
which reads as follows: 

"That the Commissioner of Public 
Works be and he is hereby directed 
to report to this Council by what au- 
thority the Rogers Park Water Com- 
pany is extending its mains to points 
outside the limits of the Village of 
Rogers Park, and by what authority 
said Company is charging more than 
city rates for water supplied to per- 
sons outside the limits of said vil-' 



I wish to call your attention to the 
following : 

"Twelfth extension of city limits. By 
election held April 4, 1893. 
The Village of Rogers Park— Com- 
mencing at the intersection of Ind- 
ian boundary line and shore of Lake 
Michigan in Section 29, Township 41 
North, Range 14 ; thence southwesterly 
on Indian boundary line to the inter- 
section with center line running east 
and west of said Section 29; thence 
west on said center line to a point on 
east and west center line of Section 20, 
200 feet west of center of public road 
known as 'Ridge road'; thence south- 
easterly on a line parallel with cen- 
ter of said road to the center line run- 
ning east and west of Section 31; 
thence east to center of said ^.idge 
road ; thence southeasterly on center of 
said road to south line of Township 41; 
thence east on said south line to the 
shore of Lake Michigan; thence north- 
westerly along shore to place of begin- 
ning—being 2,125 square miles." 
The following orders were passed by the 
City Council for the extension of mains 
outside of the above limits of Rogers 
Park, as follows: 

Council Proceedings, September 27, 

1897, page 649: 

''Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to instruct the Rogers Park 



Water Company to lay water mains on 
Greenleaf avenue, from Ridge avenue 
to Western avenue, setting seven fire 
hydrants thereon." 

Council Proceedings, November 15, 

1897, page 847 : 

''Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to order the Rogers Park Water 
Company to lay water mains on Lunt 
avenue, from Ridge avenue to West- 
ern avenue, setting seven fire hydrants 
thereon; also on Western avenue, from 
Lunt avenue to Greenleaf avenue." 
Council Proceedings, February 11, 1901, 
page 2132: 

"Ordered, That the Commissioner of 
Public Vv^orks be and he is hereby or- 
dered to instruct the Rogers Park 
Water Company to lay a water main 
on Touhy avenue, from Ridge avenue 
west to a point 1,000 feet west of 
Western avenue, setting eight fire hy- 
drants thereon; also on Western ave- 
nue from Touhy avenue to Greenleaf 
avenue, setting one fire hydrant there- 
on." 

"Ordered, That the Commissioner of 
Public Works be and he is hereby 
ordered to instruct the Rogers Park 
Water Company to lay a Avater main 
on Devon avenue, from Ridge avenue 
to North Robey street, setting three 
fire hydrants thereon; also on Robey 
street from Devon avenue to Ridge 
setting seven fire hydrants thereon." 
The following table is a summary of 
the mains laid on the above orders: 

6-inch main. 
Touhy avenue, approximately, 2,735 ft. 
Greenleaf avenue " 1,950 ft. 

Lunt avenue " 2,075 ft. 

N. Robey street " 2,635 ft. 

Devon avenue " 870 ft. 

N Western avenue, '• 1,270 ft. 

As regards that portion of the order 
which refers to "by what authority said 
Company is charging more than city rate 
for water supplied to persons outside the 



December 11, 



1830 



1905 



limits of said village," I wish to call 
your attention to an ordinance passed 
by the City Council September 29th, 
1902, page 1105: 

"An ordinance amending an ordinance 
passed October 18, 1897, prescribing 
maximum rates and charges for the 
supply of water furnished by the 
Rogers Park Water Company. 
"Be it ordained by the City Council 
of the City of Chicago: 
"Section 1. That an ordinance, pre- 
scribing maximum rates and charges 
for the supply of water furnished by 
the Rogers Park Water Company, 
passed October 18, 1897, be and the 
same is hereby amended, so as to read 
as follows: 

"Section 1. That the maximum 
rates and charges for the supply of 
water furnished by the Rogers Park 
Water Company to the inhabitants of 
that part of the City of Chicago in 
which said company has been or may 
be authorized to lay water mains and 
supply pipes are hereDy authorized 
and fixed so as to be uniform and equal 
in every particular with those charged 
by the City of Chicago for water sup- 
plied from the city water works. 

"If said Rogers Park Water Com- 
pany shall charge, collect, or receive 
any greater rate for water supplied by 
it than is hereby prescribed, it shall 
be deemed guilty of a violation of this 
' ordinance, and upon conviction thereof 
shall be fined not less than one hun- 
dred dollars." 

"Section 2. This ordinance shall 

take effect and be in force from and 

after its passage and publication." 

Regarding the above, I attach hereto 

a tracing showing the west limits of the 

Village of Rogers Park, the red lines 

indicating mains outside the said limits. 

Yours truly, 

W. A. Shaw, 
Engineer in Charge. 
Which was referred to the Committee 
on Finance. 



ALSO, 

The following communication: 

Department of Public Works, ") 
Chicago, December 11, 1905. j 
To the City Council of the City of Chi- 
cago : 

Gentlemen — I deem it necessary and 
advisable to lay water mains in the fol- 
lowing streets :• 

Balmoral avenue, from Southport ave- 
nue to eastward 150 feet; size 8-inch; 
probable cost, including hydrants and 
basins, $225.00; pays 12 cents. 

One Hundred and Fourth Street from 
Hoxie avenue to Calhoun avenue, and 
Calhoun avenue, from 104th street to 
105th street; size 8 inch and 6 inch; 
probable cost, including hydrants and 
basins, $1,281.25; for fire protection. 
Respectfully, 
Joseph M. Patterson, 
Commissioner of Public Works. 
By Wm. L. O'Connell, 
Deputy Commissioner of Public Works. 
Aid Hunter moved to concur in the 
recommendation and that the Commis- 
sioner of Public Works be authorized to 
lay water mains in accordance there- 
with. 

The motion prevailed by yeas and nays 
as follows : 

Yeas — Coughlin, Kenna, Dixon, Prin- 
gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moyniban, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 62. 
ISlays — Nooie. 

The Board of Local Improvements 
submitted the following communication: 



December 11, 

BoAED OF Local Improvements, ] 
December 11, 1905. ( 
To the Eonorahle the Mayor and Mem- 
bers of the City Ooimcil: 
Gentlemen — We herewith submit an 
ordinance for sewers in Wentworth ave- 
nue, from West 39th street to Root 
street, etc, etc., together with the esti- 
mate of the Engineer. 

The estimated cost exceeds the sum of 
$100,000, and should, in accordance with 
Section 11 of the Board of Local Im- 
provement Act, be referred to the proper 
committee and published in the Proceed 
ings of the Council in full, at least one 
week before any iinal action is taken 
thereon. 

Eespectfully submitted, 
Board of Local Improvements, 
By John A. May, 
Secretary. 

RECOMMENDATION, ESTIMATE AND 

ORDINANCE. 
recommended by board of local im- 
provements. 
To the Mayor and Aldermen of the City 
of Chicago, in City Council Assembled: 
We herewith submit an ordinance for 
brick sewers with manholes as follows : 

In Wentworth avenue, from West 39th 
street to Root street; in State street, 
from West 39th street to Garfield boule- 
vard, and in Garfield boulevard, from 
State street to Wentworth avenue, to- 
gether with an estimate of the whole cost 
of said improvement, and recommend the 
passage of said ordinance, and the mak- 
ing of the improvement contemplated 
therein. 

Respectfully submitted, 
Geo. a. Schilling, 
Cyril R. Jandus, 
John Minwegen, 
Nicholas S. Budzban, 
John A, May. 
Boa/rd of Local Improvements 
of the City of Chicago. 
Dated, Chicago, December 11th, A. D 
1905.. 



1831 



1905 



estimate of engineer. 
To the Board of Local Improvements of 

the City of Chicago, and to the Mayor 

and Aldermen of the City of Chicago, 

in City Council Assembled: 

The Board of Local Improvements of 
the City of Chicago having adopted a 
resolution that brick sewers with man- 
holes be constructed as follows : 

In Wentworth avenue, from West 39th 
street to Root street; in State street, 
from West 39th street to Garfield boule- 
vard, and in Garfield boulevard, from 
State street to Wentworth avenue, and 
presented to the City Council of the City 
of Chicago a recommendation that such 
local improvement be made. 

I herewith submit an estimate of the 
cost of the construction of such improve- 
ment, including .labor, materials and all 
other expenses attending the same, as 
provided by law, viz: 
1,666 feet of 7-foot brick 

sewer at $15.50 $ 25,823.00 

1,330 feet of 8-foot brick 

sewer at $17.00 22,610.00 

6,621 feet of 7y3-foot brick 

sewer at $16.00 105,936.00 

2,776 feet of 7-foot brick 

sewer at $15.00 41,640.00 

1,310 feet of 6-foot brick 

sewer at $12.00 15,720.00 

50 feet of 4-foot brick sewer 

at $9.00 450.00 

300 feet of 3-foot brick sewer 

at $8.00 2,400.00 

Including all necessary house 

and catch basin slants and 

street connections, and re- 
connecting existing sewers, 
house drains and catch basin 

connections. 
49 manholes, corriplete, at 

$29.00 1,42L00 



Total $216,000.00 

And I hereby certify that in my opin- 
ion the above estimate does not exceed 



December 11. 



1832 



1905 



the probable cost of the above proposed 
improvement. 

0. D. Hill, 
Engineer of the Board of Local 
Improvements. 
Dated, Chicago, December 11th, A. D. 
1905. 



AN ORDINANCE 

For brick sewers with manholes as fol- 
lows: In Wentworth avenue from 
West 39th street to Root street; in 
State street from West 39th street 
to Garfield boulevard; and in Gar- 
field boulevard from State street to 
Wentworth avenue, in the City of 
Chicago, County of Cook and State of 
Illinois. 
Be it Ordained hy the City Council of the 
City of Chicago: 

Section 1. That a local improvement 
shall be made within the City of Chi- 
cago, in said County and State., the na- 
ture, character, locality and description 
of which local improvement is as fol- 
lows, to- wit: 

A brick sewer shall be constructed in 
Wentworth avenue from and connect- 
ing with the existing intersection in the 
shaft constructed over the intercepting 
sewer in West 39th street near the west 
line of Wentworth avenue and extending 
thence southeasterly to a point fifty 
feet east of the west line of Wentworth 
avenue and twenty-five feet south of the 
south line of West 39th street; and 
shall extend thence along a line fifty 
feet east of and parallel with the west 
line of Wentworth avenue to and con- 
necting with the existing sower in 
Wentworth avenue at the south line 
of Root street. Said sewer shall be 
cylindrical in shape, shall be seven feet 
internal diameter and shall be con- 
structed with three rings of sewer brick 
laid edgewise. The elevation of the 
bottom of the inside of said sewer at 
its connection with the existing inter- 
section in the shaft constructed over 
the intersecting sewer in West 39th 



street near the west line of Went- 
worth avenue shall be one foot 
below the plane of low water in Lake 
Michigan of A. D. 1847, as established 
by the Trustees of the Illinois and Mich- 
igan Canal, and adopted by the late 
Board of Drainage Commissioners and 
by the late Board of Public Works of 
the City of Chicago, and now represent- 
ed by the ordinance of July 11, A. D. 
1898, relating to the corrected elevation 
of the old Lind block bench mark, 
which determines the base or datum for 
city levels, hereinafter referred to as 
Chicago city datum, and shall rise 
thence at the rate of four one -hundredths 
per centum to the north line of Root 
street, and shall rise thence at a uni- 
form rate to and connecting with the 
existing sewer in Wentworth avenue at 
the south line of Root street. Six man- 
holes shall be built on said sewer and lo- 
cated at necessary points and shall be 
constructed as hereinafter described. 

The existing sewer in Root street shall 
be properly connected with said new 
sewer in Wentworth avenue hereinbe- 
fore provided for; said connections shall 
be made with sewer brick in a work- 
manlike manner; the connection on the 
east side of said new sewer in Went- 
worth avenue shall be two and one-half 
feet internal diameter and the connec- 
tion on the west side of said new sewer 
in Wentworth avenue shall be four and 
one-half feet internal diameter. 

A brick sewer shall be constructed in 
State street, from and connecting with 
the existing intersection in the shaft 
constructed over the intercepting sewer 
in West 39th street near the west line 
of State street, and extending thence 
southeasterly to a point on the south 
line of West 39th street twenty-five 
feet east of the southwest corner of 
West 39th street and State street, and 
shall extend thence along a line twen- 
ty-five feet east of and parallel with 
the west line of State street to a point 
forty- five feet north of the south line 
of Garfield boulevard. Said sewer shall 



December 11, 



1833 



1905 



be cylindrical in shape and shall be con- 
structed with three rings of sewer brick 
laid edgewise. The internal diameter 
of said sewer shall be eight feet from 
its connection with the existing inter- 
section in the shaft constructed over 
the intercepting sewer in West 39th 
street near the west line of State 
street to a point ten feet north of the 
center line of 41st street produced from 
the east, thence seven and one-half feet 
to a point ten feet north of the center 
line of West 51st street, and thence 
seven feet to its terminus. The eleva- 
tion of the bottom of the inside of said 
sewer at its connection with the ex- 
isting intersection in the shaft con- 
structed over the intercepting sewer in 
West 39th street near the west line of 
State street shall be at Chicago city da- 
tum and shall rise thence at the rate of 
four one-hundredths percentum to its 
terminus. 

Thirty-five manholes shall be built 
on said sewer and located at necessary 
points, and shall be constructed as here- 
inafter described. 

A brick sewer of three feet internal 
diameter shall be constructed in State 
street, from and connecting with the 
new sewer in the west side of State 
street hereinbefore provided for, at a 
point ten feet north of the center line 
of 41st street produced from the east, 
and shall extend thence to and shall 
connect with the existing sewer in 41st 
street at the east line of State street. 
Said sewer shall be cylindrical in shape, 
and shall be constructed with a double 
ring of sewer brick laid edgewise. The 
elevation of the bottom of the inside 
of said sewer at its connection with the 
said new sewer in the w-est side of 
State street shall be one and five-tenths 
(1.5) feet above Chicago city datum 
and shall rise thence at the rate of four- 
tenths percentum to a point twenty feet 
west of the east line of State street 
and shall rise thence at a uniform rate 
to its connection with the existing 



sewer in 41st street at the east line of 
State street. 

One manhole shall be built on said 
sewer and located thirty-five feet west 
of the east line of State street, and 
shall be constructed as hereinafter de- 
scribed. The existing sewer in the east 
side of State street shall be properly 
connected with said last described sewer 
on each side thereof. At the manhole 
hereinbefore provided for, said connec- 
tions shall be two feet internal diam- 
eter and shall be constructed with sewer 
brick in a workmanlike manner. 

A brick sewer of three feet internal 
diameter shall be constructed in State 
street from and connecting with the new 
sewer in the west side of State street 
hereinbefore provided for, at a point 
ten feet north of the center line of 
Root street produced from the west, and 
shall extend thence to and shall con- 
nect with the existing sewer in Root 
street at the west line of State street. 
Said sewer shall be cylindrical in shape, 
and shall be constructed with a double 
ring of sewer brick laid edgewise. The 
elevation of the bottom of the inside 
of said sewer at its connection with the 
said new sewer in the west side of State 
street shall be tw-o (2.0) feet above 
Chicago city datum and shall rise thence 
at a uniform rate to its connection with 
the existing sewer in Root street at the 
west line of State street. 

A brick sewer of three feet internal 
diameter shall be constructed in the 
intersection of State street and 45th 
street from and connecting with the 
new sewer in the west side of State 
street hereinbefore provided for, at a 
point ten feet north of the center line 
of 45th street, and shall extend thence 
to and shall connect with the existing 
sewer in 45th street at the east line of 
State street. Said sewer shall be cylin- 
drical in shape, and shall be constructed 
with a double ring of sewer brick laid 
edgewise. The elevation of the bottom 
of the inside of said sewer at its con- 
nection with the said new sewer in the 



December 11, 



1834 



1905 



west side of State street shall be two 
and five-tenths (2.5) feet above Chicago 
city datum and shall rise thence at the 
rate of four-tenths percentum to a point 
twenty feet west of the east line of 
State street, and shall rise thence at a 
uniform rate to its connection with the 
existing sewer in 45th street at the 
east line of State street. 

One manhole shall be built on said 
sewer and located thirty-five feet west 
of the east line of State street, and shall 
be constructed as hereinafter described. 
The existing sewer in the ea^t side of 
State street shall be properly connected 
with said last described sewer on each 
side thereof, at the manhole hereinbefore 
provided for; said connections shall be 
two feet internal diameter and shall be 
constructed with sewer brick in a work- 
manlike manner. 

A brick sewer of three feet internal 
diameter shall be constructed in the in- 
tersection of State street and West 47th 
street, from and connecting with the 
new sewer in the west side of State 
street hereinbefore provided for, at a 
point ten feet north of the center line 
of West 47th street, and shall extend 
thence to and shall connect with the 
existing sewer in West 47th street at 
the west line of State street. Said 
sewer shall be cylindrical in shape, and 
shall be constructed with a double ring 
of sewer brick laid edgewise. The ele- 
vation of the bottom of the inside of 
said sewer at its connection with the 
said new sewer in the west side of State 
street shall be four (4.0) feet above 
Chicago city datum and shall rise thence 
at a uniform rate to its connection with 
the existing sewer in West 47th street 
as the west line of State street. 

A brick sewer of three feet internal 
diameter shall be constructed in the in- 
tersection of State street and 51st 
street, from and connecting with the new 
sewer in the west side of State street 
hereinbefore provided for, at a point 
ten feet north of the center line of 51st 
street and extending thence to and shall 



connect with the existing sewers in 51st 
street at the east line of State street. 
Said sewer shall be cylindrical in shape, 
and shall be constructed with a double 
ring of sewer brick laid edgewise. The 
elevation of the bottom of the inside of 
said sewer at its connection with the 
said new sewer in the west side of 
State street shall be four and one-tenth 
(4.1) feet above Chicago city datum, and 
shall rise thence at the rate of four- 
tenths percentum to a point twenty feet 
west of the east line of State street, 
and shall rise thence at a regular rate 
to its connection with the existing sewer 
in 51st street at the east line of State 
street. 

One manhole shall be built on said 
sewer and located thirty-five feet west 
of the east line of State street, and shall 
be constructed as hereinafter described. 
The existing sewer in the east side of 
State street shall be properly connected 
with said last described sewer on each 
side thereof, at the manhole hereinbe- 
fore provided for; said connection on the 
south side of said sewer shall be two 
feet internal diameter and shall be con- 
structed with sewer brick in a work- 
manlike manner, and said connection 
on the north side of said sewer shall be 
made in a workmanlike manner with 
tile pipe of fifteen inches internal diam- 
eter. 

A brick sewer of three feet internal 
diameter shall be constructed in State 
street, from and connecting with the 
new sewer in the west side of State 
street hereinbefore provided for at a 
point ten feet north of the center line of 
West 53d street to and shall connect with 
the existing sewer in West 53d street at 
the west line of State street. Said sewer 
shall be cylindrical in shape and shall be 
constructed with a double ring of sewer 
brick laid edgewise. The elevation of the 
bottom of the inside of said sewer at its 
connection with ,said new sewer in tlie 
west side of State street shall be five 
and five-tenths (5.5) feet above Chicago 
city datum and shall rise thence 



I 



December 11, 



1835 



1905 



at a uniform rate to its connection with 
the existing sewer in West 53d street at 
the west line of State street. 

A brick sewer of four feet internal 
diameter .shall be constructed in the in- 
tersection of State street and Garfield 
boulevard, from and connecting with the 
new sewer in the west side of State street 
hereinbefore provided for, at a point 
forty-five feet north of the south line of 
Garfield boulevard and extending thence 
to and shall connect with the end of the 
existing sewer in the south side 
of Garfield boulevard and near the 
east line of State street. Said sewer 
shall be cylindrical in shape and shall be. 
constructed with a double ring of sewer 
brick laid edgewise. The elevation of the 
bottom of the inside of said sewer at its 
connection with the said new^ sewer in the 
west side of State street at a point forty- 
five feet north of the south line of Gar- 
field boulevard shall be five and seven- 
tentbs (5.7) feet above Chicago city 
datum, and shall rise thence at the rate 
of four-tenths per centum to a point 
thirty feet west of the east line of State 
street and shall rise thence at a uniform 
rate to its connection with the end of the 
existing sewer in the south side of Gar- 
field boulevard near the east line of State 
street. 

One manhole shall be built on said 
sewer and located thirty-five feet west 
of the east line of State street, and shall 
be constructed as hereinbefore described. 

The existing sewer in the east side of 
State street shall be properly connected 
with said last described sewer on each 
side thereof, at the manhole hereinbe- 
fore provided for; said connections shall 
be made with sewer brick in a workman- 
like manner. The connection on the north 
side of said sewer shall be two feet in- 
ternal diameter, and the connection on 
the south side of said sewer shall be 
two and one-quarter feet internal diame- 
ter. 

A brick sewer of six feet interna] dia- 
meter shall be constructed in Garfield 



boulevard from and connecting with the 
new sewer in the west side of State street 
hereinbefore provided for, at a point 
twenty feet south of the north line of 
Garfield boulevard and extending thence 
southwesterly to a point on the west line 
of State street thirty feet south of the 
north line of Garfield boulevard, and 
shall extend thence along a line thirty 
ieet south of and parallel with the north 
line of Garfield boulevard to a point 
twenty-five feet west of the east line of 
Wentworth avenue. Said sewer shall be 
cylindrical in shape and shall be con- 
structed with a double ring of sewer 
brick laid edgewise. The elevation of the 
bottom of the inside of said sewer at its 
connection with the said new sewer in the 
west side of State street shall be four and 
twenty- nine one-hundredths (4.29) feet 
above Chicago city datum, and shall rise 
thence at the rate of five one-hundredths 
per centum to its terminus. 

Four manholes shall be built on said 
sew^er and located at necessary points 
and shall be constructed as hereinafter 
described. 

The existing sewer in Wentworth ave- 
nue shall be properly connected with said 
new sewer in Garfield boulevard herein- 
before provided for, on each side thereof, 
at the end of the same twenty-five feet 
west of the east line of Wentworth ave- 
nue; said connections shall be three and 
one-half feet internal diameter and shall 
be constructed with sewer brick in a 
workmanlike manner. 

All the manholes hereinbefore provided 
for shall be cylindrical in shape and shall 
have an internal diameter of three feet. 
The walls of said manholes shall be eight 
inches thick and shall be built of sewer 
brick, the top of said manholes shall 
narrow to two feet internal diameter, 
being drawn in by means of six header 
courses, the diameter being decreased two 
inches for each course. Each of said 
manholes shall be provided with a cast- 
iron cover with a tight lid, each of which 
covers shall weigh four hundred and sev- 



L. 



December 11, 



1836 



1905 



enty pounds and shall be of the same 
size and pattern as those used in new 
work by the City of Chicago during the 
year 1902. 

One house connection slant of tile pipe 
of six inches internal diameter shall be 
placed in each side of each of said sewers 
in Wentworth avenue and in the west 
side of State street, and in the north 
side of said sewer in Garfield boulevard 
opposite each twenty-five feet of land 
(excepting streets and alleys) fronting 
or abutting upon said Wentworth avenue 
and said State street and upon the north 
side of said Garfield boulevard between 
the points hereinbefore described, except 
where the lots, pieces and parcels of 
land fronting on said Wentworth avenue, 
said State street and said north side of 
Garfield boulevard are less than twenty- 
five feet in width, in which case one house 
connection slant of tile pipe of six inches 
internajl diameter shall be placed in 
each side of each of said sewers in Went- 
worth avenue and in the west side of 
State street, and in the north side of 
said sewer in Garfield boulevard opposite 
each of said lots, pieces and parcels of 
land the width of which is less than 
twenty-five feet. Each of said house 
connection slants shall be placed in said 
sewers in such a manner that the eleva- 
tion of the top of the outside of the 
same shall coincide with the elevation of 
the center of the sewer in which the same 
is placed. 

The existing tile pipe sewer in the 
south side of West 39th street now con- 
nected with the existing sewer in Went- 
worth avenue, and all tile pipe sewers 
now existing and connected with the ex- 
isting sewer in the west side of State 
street betWeen West 39th street and 
Garfield boulevard, and also the tile pipe 
sewer in Garfield boulevard intersected 
by the the new sewer in the west side of 
State street hereinbefore provided for, 
and also all house drains and catch 
basin connections now existing and con- 
nected with said existing sewer in Went- 
worth avenue between West 39th stree. 



and Root street, and with said existing 
sewer in the west side of State street 
between West 39th street and Garfield 
boulevard and with the existing sewer m 
the north side of Garfield boulevard be- 
tween the right of way of the Cliieago, 
Rock Island and Pacific Railway and 
Wentworth avenue, shall be reconnected 
in a workmanlike manner with the new 
sewers in Wentworth avenue, in the wesc 
side of State street and in Garfield boule- 
vard hereinbefore pi^ovided for. All of 
said connections shall be made of tile 
pipe of the same internal diameter as 
that used in said existing sewers, house 
.drains and catch-basin connections. 

The existing tile pipe sewer in Went- 
worth avenue between West 39th street 
and Root street and the existing brick 
and tile pipe sewers in the west side of 
State street between West 39th street 
and Garfield boulevard, and the existing 
tile pipe sewer in the north side of Gar- 
field boulevard between the right of way 
of the Chicag^o, Rock Island and Pacific 
Railway and Wentworth avenue are all 
hereby condemned, and the same shall be 
taken up. 

The tile pipe to be used in the construc- 
tion of the improvement described herein 
shall be smooth and sound, thoroughly 
burned, well glazed and free from lumps 
and other imperfections. The standard 
of thickness shall be, for fififteen inch 
pipe one and one-eighth inches, for 
twelve inch pipe one inch, for nine-inch 
pipe seven-eighths of an inch and for six- 
inch pipe three- fourths of an inch. 

All brickwork and the joints of the 
tile pipe used in the construction of the 
improvement hereinbefore described shall 
be laid in the best quality of natural hy- 
draulic cement mortar. 

All of the above specified improve- 
ment shall be constructed in a workman- 
like manner under the superintendence 
of the Board of Local Improvements of 
the said City of Chicago. 

Section 2. That for the purpose of 
the improvement aforesaid, the follow- 



December 11, 



1837 



1905 



ing described territory within the City 
of Chicago, County of Cook and State of 
Illinois, is hereby created into and de- 
clared to be a drainage district, to-wit: 
Commencing on the south line of 39th 
street at a point 50 feet east of the south- 
east corner of 39th street and Indiana 
avenue; thence west along the south 
line of 39th street and along the south 
line of West 39th street to the east line 
of the first alley west of Dearborn street ; 
thence south along the east line of the 
first alley west of Dearborn street to a 
point 325 feet south of the south line of 
West 39th street; thence west along a 
line 325 feet south of and parallel with 
the south line of West 39th street to the 
west line of the right of way of the 
Cliicago, Rock Island and Pacific Rail- 
way; thence north along the west line 
of the right of way of the Chicago, Rock 
Island and Pacific Railway to the south 
line of West 39th street; thence west 
along the south line of West 39th. street 
to a point 122.6 feet west of the west 
line of Wentworth avenue; thence south 
along a line 122.6 feet west of and para- 
llel with the west line of Wentworth 
avenue to the south line of the right of 
way of the Chicago Junction Railway; 
thence west along the south line of the 
right of way of the Chicago Junction 
"Railway to the east line of the right of 
■ way of the Pittsburgh, Fort Wayne and 
Chicago Railroad; thence south along 
the east line of the right of way of the 
Pittsburgh, Fort Wayne and Chicago 
Railroad to the north line of West 47th 
street; thence southeasterly to a point 
on the south line of W^est 47th street 
24 feet east of the east line of the ori- 
ginal right of way of the Pittsburgh, 
Fort Wayne and Chicago Railroad; 
thence south along a line 24 feet east 
of and parallel with the east line of the 
original right of way of the Pittsburgh, 
Fort W^ayne and Chicago Railroad to the 
north line of the first alley ^outh of 
West 47th street; thence east along the 
north line of the first alley south of 
West 47th street to a point 125 feet 



west of the west line of Shields avenue, 
thence south along a line 125 feet west of 
and parallel with the west line of Shields 
avenue to a point 247 feet south of the 
south line of the first alley south of 
West 47th street; thence east one foot; 
thence south along a line 124 feet west 
of and parallel with the west line of 
Shields avenue to a point 329.5 feet 
south of the south line of the first alley 
south of West 47th street; thence west 
one foot; thence south along a line 125 
feet west of and parallel with the. west 
line of Shields avenue to a point 179.7 
feet north of the north line produced of 
West 48th place; thence east along a 
line 179.7 feet north of and parallel with 
the north line and the north line pro- 
duced of West 48th place to a point 36 
feet west of the west line of Shields ave- 
nue produced from the south; thence 
south to the south line of the first alley 
north of West 48th place; thence south 
along a line » 36 feet west of and parallel 
with the west line of Shields avenue to 
the south line of West 48th place ; thence 
east along the south line of West 48th 
place to the west line of Shields avenue; 
thence south along the west line of 
Shields avenue to a point 179.7 feet south 
of the south line of West 48th place; 
thence east along a line 179.7 feet south 
of and parallel with the south line of 
West 48th place to the west line of 
Shields avenue; thence south along the 
west line of Shields avenue to the north 
line of West 51st street; thence south- 
easterly to a point on the south line of 
West 51st street 260.5 feet west of the 
west line of Princeton avenue; thence 
south along a line 260.5 feet west of and 
parallel with the west line of Princeton 
avenue to the north line of West 53d 
street; thence southwesterly to the south- 
east corner of West 53d street and 
Shields avenue; thence south along the 
east line of Shields avenue to a point 
412.55 feet south of the south line of 
West 53d street; thence west along a 
line 412.55 feet south of and parallel 
with the south line of West 53d street 



December 11, 



1838 



1905 



to the east line of the first alley west of 
Shields avenue; thence south along the 
east line of the first alley west of Shields 
avenue to the south line of the first alley 
north of Garfield boulevard; thence west 
along the south line of the first alley 
north of Garfield boulevard to a point 
24 feet east of the east line of original 
Stewart avenue; thence south along a 
line 24 feet east of and parallel with the 
east line of original Stewart avenue to 
the north line of Garfield boulevard; 
thence southearsterly to a point on the 
south line of Garfield boulevard 117 
feet 1 inch west of the southwest corner 
of Garfield boulevard and Shields ave- 
nue; thence south along the east line of 
the first alley west of Shields avenue to 
a point 235.8 feet south of the south line 
of Garfield boulevard ^ thence west along 
a line 235.8 feet south of and parallel 
with 'the south line of Garfield boule- 
vard to the east line of the first alley 
west of Shields avenue; thence south 
along the east line of the first alley 
west of Shields avenue to the north line 
of the first alley north of West 56th 
place; thence west along the north line 
of the first alley north of West 56th place 
to the east line of the right of way of the 
Pittsburgh, I^ort Wayne and Chicago 
Railroad; thence south and southeaster- 
ly along the easterly line of the right of 
way of the Pittsburgh, Fort Wayne and 
Chicago Railroad to the west line of 
Princeton avenue; thence south along the 
west line of Princeton avenue to a point 
115 75 feet north of the northwest cor- 
ner of Princeton avenue and Englewood 
avenue; thence west along a line 115.75 
feet north of and parallel with the 
north line of Englewood avenue 125 feet; 
thence south along a line 125 feet west of 
and parallel with the west line of Prince- 
ton avenue to the south line of the first 
alley north of West 63d street; thence 
west along the south line of the first 
alley north of West 63d street to the 
east line of Stewart avenue; thence 
south along the east line of Stewart 
avenue to a point 50 feet south of the 



south line of West 63d street; thence 
cast along a line 50 feet south of and 
parallel with the south line of West 63d 
street 117.8 feet; thence south along a 
line 117.8 feet east of and parallel with 
the east line of Stewart avenue to a point 
150 feet south of the south line of West 
63d street; thence east along a line 150 
feet south of and parallel with the 
south line of West 63d street to a point 
186.8 feet west of the west line of Har- 
vard avenue; thence south along ^ a 
straight line to a point on the north line 
of West 65th street 186.9 feet west of the 
west line of Harvard avenue; thence 
south along a line 186.9 feet west of and 
parallel with the west line of Harvard 
avenue to the north line of , West 66th 
street; thence east along the north line 
of West 66th street to the northwest cor- 
ner of West 66th street and Ross avenue; 
thence northeasterly along the north- 
westerly line of Ross avenue to a point 
149 feet south of the south line of West 
65th street produced from the east; 
thence east along a line 149 feet south 
of and parallel with the south line of 
West 65th street produced from the east 
and along a line 149 feet south of and 
parallel with the south line of West 65th 
street to a point 177.1 feet west of the 
west line of Perry avenue; thence north 
along a line 177.1 feet west of and para- 
llel with the west line of Perry avenue 
40 feet; thence east along a line 109 
feet south of and paralell with the south 
line of West 65th street to a point 140.1 
feet west of the west line of Perry ave- 
nue; thence north along a line 140.1 
feet west of and parallel' with the west 
line of Perry avenue to a point 35 feet 
south of the south line of West 65th 
street; thence east along a line 35 feet 
south of and parallel with the south line 
of West 65th street to the east line of 
Perry avenue; thence south along the 
east line of Perry avenue to a point 149 
feet south of the south line of West 65th 
street; thence east along a line 149 feet 
south of and parallel with the south lins 
of West 65th street to a point 184.1 feet 



December 11, 



1839 



1905 



east of the east line of Perry avenue; 
thence north along a line 184.1 feet east 
of and parallel with the east line of 
Perry avenue to a point 74 feet south of 
the south line of West 65th street ; thence 
east along a line 74 feet south of and 
parallel with the south line of West 65th 
street to a point 134.1 feet west of the 
west line of Lafayette avenue; thence 
niorth along a line 134.1 feet west of and 
parallel with the west line of Lafayette 
avenue to a point 40 feet south of the 
south line of West 65th street; thence 
east along a line 40 feet south of and 
parallel with the south line of West 65th 
street to the west line of Lafayette ave- 
nue; thence northeasterly to a point 
on the east line of Lafayette avenue 
33 1/3 feet south of the south line of 
West 65th street; thence east along a 
line 33 1/3 feet sOuth of and parallel 
with the south line of West 65th street 
to a point 131.6 feet east of the east line 
of Lafayette avenue; thence south 
'along a line, 131.6 feet east of and 
parallel with the east line of La- 
fayette avenue to a point 149 feet 
south of the south line of West 65th 
street; thence east along a line 149 feet 
south of and parallel with the south line 
of West 65th street to a point 184.1 feet 
east of the east line of Lafayette ave- 
nue; thence north along a line 184.1 
feet east of and parallel with the east 
line of Lafayette avenue to a point 100 
feet south of the south line of West 
65th street; thence east along a line 
100 feet south of and parallel with the 
south line of West 65th street to a point 

119.1 feet west of the west line of State 
street; thence n'orth along a line 119.1 
feet west of and parallel with the west 
line of State street to the south line of 
West 65th street; thence northwesterly 
to a point on the north line of West 65th 
street 121.2 feet west of the west line 
of State street; thence north along a line 

121.2 feet west of and parallel with the 
west line of State street to a point 142.85 
feet north of the north line of West 65th 
street; thence west along a line 142.85 



feet north of and parallel with the north 
line of West 65th street to a point 146 2 
feet west of the west line of State street; 
thence north along a line 146.2 feet west 
of and parallel with the west line of 
State street to a point 192.8 feet north 
of the north line of West 65th street; 
thence west along the south lines of 
Lots 2, 3 and 4 in Block 10 of Skinner 
and Judd's Subdivision in the northeast 
quarter of Section 21, ToMoiship 38 
North, Range 14, East of the Third 
Principal Meridian, to a point 73.1 feet 
east of the east line of Grove avenue; 
thence north along a line 73.1 feet east 
of and parallel with the east line of 
GrOve avenue to the south line of West 
64th street; thence west along the south 
line of West 64th street to the southeast 
corner of West 64th street and Grove 
avenue; thence northeasterly to the 
northwest corner of West 64th street and 
Grove avenue; thence north along the 
east line of Lot 5 in Block 9 of Skin- 
ner and Judd's Subdivision aforesaid 
to the northwesterly line of said Block 
9 ; thence southwesterly along the north- 
westerly line of Block 9 of Skinner and 
Judd's Subdivision aforesaid to the north 
line of West 65th street; thence 'west 
along the north line of West 65th street 
and along the north line of West 65th 
street produced from the east, to the 
east line of Wentworth avenue; thence 
north along the east line of Wentworth 
avenue to the northwesterly line of the 
right of way of the Chicago, Rock Island 
and Pacific Railway; thence northeast- 
erly along the northwesterly line of the 
right of way of the Chicago, Rock Island 
and Pacific Railway to a point 150 feet 
south of the south line of West 63d 
street; thence east along a line 150 feet 
south of and parallel with the south line 
t>f West 63d street to the west line of 
State street; thence north along the 
west line of State street to the southwest 
corner of State street and West 63d 
street; thence northeasterly to the north- 
east corner of State street and 63d street; 
thence east along the north line of 63d 



December 11, 



1840 



1905 



BR!'f 



I 



street to the northwest corner of 63d 
street and Michigan avenue; thence north 
along the west line of Michigan avenue 
99 feet; thence east along a line 99 feet 
north of and parallel with the north line 
of 63d street to a point 220.24 feet east of 
the center line of ^Michigan avenue; 
thence north along a straight line to a 
point on the south line of 61st street 
170.25 feet east 'of the east line of Michi- 
gan avenue; thence northerly to a point 
on the north line of 61st street 220 feet 
east of the center line of Michigan ave- 
nue; thence north along a line 220 feet 
east of and parallel with the center line 
of Michigan avenue to the south line of 
59th street; thence northerly to a point 
on the north line of 59th street 171.85 
feet east of the east line of Michigan ave- 
nue; thence north along a line 171.85 
feet east of and parallel with the east 
line of Michigan avenue to a point 298 
feet north of the north line of 57th 
street; thence east along a line 298 feet 
north of and parallel with the north line 
of 57th street to the west line of the 
first alley east of Michigan avenue; 
thence north along the west line of the 
first alley east of Michigan avenue to 
the south line of 56th street; thence 
northwesterly to a point on the north line 
of 56th street 161.1 feet east of the north- 
east corner of 56th street and Michigan 
avenue; thence north along a straight 
line to a point on the south line of 53d 
street 161 feet east of the southeast cor- 
ner of 53d street and Michigan avenue; 
thence northeasterly to the northwest 
corner of 53d street and the first alley 
east of Michigan avenue; thence north 
along the west line of the first alley east 
of Michigan avenue 153 feet; thence 
east along a line 153 feet north of and 
parallel with the north line of 53d street 
to the west line of Indiana avenue; 
thence easterly to a point on the east 
line of Indiana avenue 100 feet north 
of the northeast corner of Indiana avenue 
and 53d street; thence east along a line 
100 feet north of and parallel with the 
north line of 53d street to a point 170.9 



feet east of the east line of Indiana ave- 
nue; thence north along a straight line 
to the North line of Lot 5 of Elisha 
Bayley's Subdivision of the north 20 
acres of the northeast quarter of the 
southwest quarter of Section 10, Town- 
ship 38 North, Range 14, East of the 
Third Principal Meridian, at a point 
171.74 feet east of the east line of Ind- 
iana avenue; thence west along the 
north line of Lot 5 of Elisha Bayley's 
Subdivision aforesaid to the west lino 
of the first alley east of Indiana ave- 
nue; thence north along the west line 
of the first alley east of Indiana avenue 
to the south line of 5l8t street; thence 
northeasterly to a point on the north 
line of 51st street 162.3 feet east of the 
northeast corner of 51st street and Ind- 
iana avenue; thence north along the 
west line of the first alley east of Ind- 
iana avenue to the south line of the 
first alley south of 49th street; thence 
northeasterly to a point on the north 
line of the first alley south of 49th street 
171.3 feet east of the east line of Ind- 
iana avenue; thence north along 
a line 171.3 feet east of and 
parallel with the east line of Ind- 
iana avenue to the south line of 49th 
street; thence northwesterly to a point 
on the north line of 49th street 162 feet 
east of the east line of Indiana avenue; 
thence north along the west line of the 
first alley east of Indiana avenue to the 
south line of 47th street; thence west 
along the south line of 47th street to the 
east line of Indiana avenue ; thence 
north along the east line of Indiana ave- 
nue 188.35 feet; thence east along the 
north line of the first alley north of 
47th street to the west line of the first 
alley east of Indiana avenue; thence 
north along the west line of the first 
alley east of Indiana avenue to the south 
line of the first alley south of 39th 
street; thence west along the south line 
of the first alley south of 39th street to 
a point 50 feet east of the east line of 
Indiana avenue, and thence north along 
a line 50 feet east of and parallel with 



December 11, 



1841 



1905 



the east line of Indiana avenue to the 
place of beginning. 

The owners and occupants of the lots, 
blocks, tracts, pieces and parcels of land 
lying within said drainage district here- 
inbefore limited and described, shall at 
all times hereinafter be entitled to the 
use and benefit of the sewers provided 
for by this ordinance. 

Right, permission, privilege and au- 
thority are hereby given and granted to 
the present and future, owners and occu- 
pants of the said lots, blocks, tracts, 
pieces and parcels of land lying within 
said drainage district to open and connect 
all drains and sewers which now exist 
or which may be hereafter constructed 
within the said district into and with 
the said sewers hereinbefore in this or- 
dinance specified. 

Section 3. That the recommendation 
of the Board of Local Improvements of 
the City of Chicago, providing for said 
improves uent, together with the estimate 
of the cost thereof made by the Engineer 
of said Board, both hereto attached, be 
and the same are hereby approved. 

Section 4. That said improvement 
shall be made and the whole cost thereof 
be paid for by special assessment in ac- 
cordance with, an Act of the General As- 
sembly of the State of Illinois, entitled, 
"An act Concerning Local Improve- 
ments,-'approved June 14th, A. D. 1897, 
and the amendments thereto. 

Section 5. That the aggregate amount 
herein ordered to be assessed against the 
property, and also the assessment on 
each lot and parcel of land therein as- 
sessed shall be divided in five install- 
ments in the manner provided by the 
statute in such cases made and provided, 
and each of said installments shall bear 
interest at the rate of five per centum 
per annum according to law until paid. 
Section 6. And for the purpose of an- 
ticipating the collection of the install- 
ments of said assessment for said im- 
provement, bonds shall be issued payable 
out of said installments bearing interest 



at the rate of five per centum per annum, 
payable annually, and signed by the 
Mayor and by the President of the Board 
of Local Improvements, countersigned 
by the City Comptroller and attested by 
the City Clerk under the corporate seal 
of the City of Chicago. Said bonds shall 
be issued in accordance with and shall in 
all respects conform to the provisions of 
the Act of the General Assembly of the 
State of Illinois, entitled, "An act Con- 
cerning Local Improvements," approved 
June 14th, A. D. 1897, and the amend- 
ments thereto. 

Section 7. That the Attorney of said 
Board be and he is hereby directed to file 
a petition in the County Court of Cook 
County, Illinois, in the name of the City 
of Chicago, praying that steps may be 
taken to levy a special assessment for 
said improvement in accordance with the 
provisions of this ordinance and in the 
manner prescribed by law. 

Section 8. That all ordinances or 
parts of ordinances conflicting with this 
ordinance be and the same are hereby 
repealed. 

Section 9. This ordinance shall be in 
force from and after its passage. 

Which was referred to the Committee 
on Streets and Alleys, South Division. 

also, 
List of assessment rolls filed in the 
County Court November 3, 1905. 
Which was placed on file. 



All Matters Presented by the Aldermen, 
Including Special Assessment, Im- 
provement and Repealing Ordinances 
Submitted by the Board of Local Im- 
provements, Arranged as to Ward 
Numbers, Beginning with the First 
Ward. 

FOURTH WARD. 

Aid. Foreman presented an ordinance 



December 11, 



1842 



1905 



creating the office of Chief Harbor En- 
gineer, which was 

Referred to the Committee on Ju- 
diciary. 



FIFTH WARD. 

Aid. McCormick presented the follow- 
ing order: 

Ordered, That the Commissioner of 
Pubic Works be and he is hereby di- 
rected to issue permits to L. Rosenzweig 
to suspend canvas signs in front of fol- 
lowing numbers: 3559 South Halsted 
street, 6238 South Halsted street, 4707 
South Ashland avenue, 4324 South Ash- 
land avenue, 3107 Wentworth avenue, 
6312 Cottage Grove avenue, 1396 North 
Clark street and 9129 Commercial ave- 
nue. Said signs to be placed in accord- 
ance with the rules and regulations of 
the Department of Public Works, and 
said permits to be subject to revocation 
at any time in the discretion of the 
Mayor. 

Which was on motion duly passed. 

Aid. McCormick presented the claim of 
C. W. Harris for refund of water tax; 
claim of premises 2915 Bonfield street 
for refund of water tax; claim of Thos. 
H. Galvin, account personal injury, which 
were 

Referred to the Committee on Finance. 

Aid. McCormick presented an ordinance 
in favor of Armour & Co. to construct 
platform at 32d street and Benson ave- 
nue, which was 

Refered to the Committee on Streets 
and Alleys, South Division. 



SEVENTH WARD. 

Aid. Bennett presented the following 
order : 

Ordered, That the City Comptroller 
be and he is hereby authorized and di- 
rected to pay the December pay rolls of 



all City Departments before Christmas 
Day. 

Which was on motion duly passed. 

Aid. Snow presented the following 
orders : 

Ordered, That the City Engineer be 
and he is hereby directed to secure and 
hold subject to the orders of the Chair- 
man of the Committee on Fire Depart- 
ment, all data, reports, printed and other- 
wise, and all original documents secured 
or gathered by the High Water Pressure 
Commission, 

Ordered^ That the City Clerk be and 
he is hereby directed to hereafter of- 
ficially notify this Council whenever any 
ordinance which by its terms must be 
accepted within a specified time is not so 
accepted by its beneficiaries within the 
time so specified, at the same time simi- 
larly notifying the City Comptroller. 

Which were on motion duly passed. 

Aid. Snow moved that the order in 
favor of Eugene Duplissis to erect a 
three- story flat building, placed on file 
October 30th, 1905, be taken from the 
files and re-referred to the Committee on 
Building Department. 

The motion prevailed. 

Aid. Snow presented the following 
order : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected not to issue any permit for the 
erection or maintenance of any stand, 
show case or any encroachment what- 
ever upon any part of any sidewalk in 
that portion of the city bounded by Lake 
Michigan, the Chicago River, the South 
Branch of the Chicago River and the 
center line of Harrison street; provided, 
however, that nothing herein contained 
shall prevent the issuing of permits for 
the use of the sidewalk or sidewalk space 
in building operfations conducted accord- 
ing to the provisions of the ordinance. 



December 11, 



1843 



1905 



Aid. SnoAv moved the passage of the 
order. 

Aid. Coughlin moved the reference of 
the order to the Committee on Judiciary. 
The motion prevailed. 



EIGHTH WARD. 

Aid. Jones presented an amendment to 
Sections 105 and 716 of the Revised Mu- 
nicipal Code of 1905 in re. revolving 
doors, which was 

Referred to the Committee on Build- 
ing Department. 

Aid. Jones presented an order for sewer 
in Francisco avenue, from 75th street to 
79th street, which was 

Referred to the Board of Local Im- 
provements. 

Aid. Moynihan presented the follow- 
ing orders : 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to prevent the Chicago Telephone 
Company tearing up Ontario avenue on 
a line with the alley north of 9 2d street, 
for the purpose of laying conduits across 
said avenue, until ordered by this 
Council. 

Ordered, That the Commissioner of 
Public Works be and he is hereby di- 
rected to lay water main in Carondelet 
avenue, between 133d and 134th streets; 
Provided, the same will pay the re- 
quired permanent annual revenue of 
ten cents per lineal foot from water 
frontage rates. 

Wliich were on motion duly passed. 

The Board of Local Improvemejits sub- 
mitted a recommendation, ordinance and 
estimate for a sewer in Bond avenue, 
from 79th street to 81st street. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 



Teas— ^Coughlin, Kenna, Dixon, Prin- 
gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sic- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 62. 
Nays — None. 

ALSO, 

A recommendation, ordinance and esti- 
mate for a sewer in Bond avenue, from 
83d street to 82d street. 

By unanimous consent, on motion of 
Aid. Moynihan, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Prin- 
gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss. Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sic- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 62. 
'Nays — None. 

ALSO, 

A recommendation, ordinance and esti- 
mate for a sewer in Muskegon avenue, 
from 79th street to 81st street. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas — Coughlin, Kenna, Dixon, Prin- 



December 11, 



1844 



1905 



gle, Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 62. 
ISlays — None. 

ALSO, 

• A recommendation, ordinance and esti- 
mate for a sewer in Muskegon avenue, 
from 79th street to Railroad avenue. 

By unanimous consent on motion of 
Aid. Moynihan the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows: 

Yeas— Coughlin, Kenna, Dixon, Prin- 
gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss. Smith, Nowicki, Dever, Sitts, Con- 
Ion, 'Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 62. 
Nays — None. 



ALSO, 

A recommendation, ordinance and esti- 
mate for a sewer in Sherman avenue, 
from 79th street to 77th street. 

By unanimous consent, on motion of 
Aid. Jones, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

Yeas— Coughlin, Kenna, Dixon, Prin- 



gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss. Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 62. 
Nays — None. 



NINTH WARD. 

Aid. Harris presented the claim of 
John O'Brien for labor, material, etc., 
which was 

Referred to the Committee on Finance. 

The Board of Local Improvements sub- 
mitted a recommendation, ordinance and 
estimate for a cement sidewalk on both 
sides of West 18th street, from Blue 
Island avenue to South Halsted street. 

By unanimous consent, on motion of 
Aid. Fick, the ordinance was passed 
and the estimate therewith approved by 
yeas and nays as follows : 

ye(^s_Coughlin, Kenna, Dixon, Prin- 
■gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race— 62. 
Nays — None. 



'1 



December 11, 



1845 



1905 



TENTH WARD. 

Aid. Scully presented the following 
order : 

Ordered, That the Corporation Counsel 
be and he is hereby directed to render a 
written opinion to the City Council as 
to the right of a restaurant keeper to 
serve liquor without a license where 
such liquor is brought from a licensed 
saloon or dram shop and served in the 
restaurant which is conducted in con- 
nection with the saloon, or distinct from 
the saloon. 

Which was on motion duly passed. 

Aid. Scully presented an ordinance 
amending Section 1338 of the Revised 
Municipal Code of 1905 in re. sale of 
liquor in candy stores, ice cream parlors, 
etc., which was 

Referred to the Committee on License. 

Aid. Hurt presented the following 
order : 

Ordered, That the City Eleotrician be 
and he is hereby directed to have two 
boulevard gas lamps in front of the 
First M. E. Church, corner Fisk street 
and 19th place. 

Which was on motion duly passed. 



ELEVENTH WARD. 

The Board of Local Improvements sub- 
mitted the following ordinance : 

AN OEDIJSTANCE 

Repealing an ordinance for the improve 
ment of South Paulina street, froTii 
West 12th street to West 15th street, 
in the City of Chicago, County of Cook 
and State of Illinois. 
Be it ordained hy the City Council of 
the City of Chicago: 
Section 1. That the ordinance en- 
titled "An ordinance for the improvemeut 
of South Paulina street, from West 12th 
street to West 15th street," passed June 
19, 1905, be and the same is hereby re- 
pealed, and that the assessment made 



under the provisions of said ordinance, 
Docket No. 30237 of the County Court 
of said County, be and the sam.e is here- 
by annulled. 

Section 2. This ordinance shall be in 
force from and after its passage. 

Which was on motion duly passed by 
yeas and nays as follows : 

Yeas — Coughlin, Kenna, Dixon, Prin- 
gle. Foreman, Richert, Dailey, McCor- 
mick (5th ward), Martin, Young, Snow, 
Bennett, Jones, Moynihan, Fick, Harris, 
Hurt, Scully, Hoffman, Uhlir, Zimmer, 
Considine, Riley, Maypole, Harkin, Beil- 
fuss, Smith, Nowicki, Dever, Sitts, Con- 
Ion, Ryan, Powers, Finn, Stewart, Reese, 
Dougherty, Sullivan, Schmidt (23d 
ward), Schmidt (24th ward), Hahne, 
Williston, Dunn, Reinberg, Lipps, Sie- 
wert, Raymer, Larson, Carey, Wendling, 
Bradley, Burns, Roberts, O'Connell, Bade- 
noch, Eidmann, Bihl, Hunt, Ruxton, 
Kohout, Hunter, Race — 62. 

Nays — None. 



THIRTEENTH WARD. 

Aid. Considine presented the claim of 
A. F. Doremus' for refund of water tax, 
which was 

Referred to the Committee on Financp. 

Aid. Riley presented the following 
ordinance : 

Be it ordained by the City Council of 

the City of Chicago : 

Section 1. That permission and au- 
thority be and the same are hereby 
granted to A. Lagorio, his successors and 
assigns, to construct and maintain an 
opening four feet three inches by two 
feet six inches, with iron cover for same, 
in the sidewalk space on side of building 
No. 1365 West Madison street, to be con- 
structed according to plans approved by 
the Commissioner of Public Works of the 
City of Chicago, and to be filed in his of- 
fice; the said opening shall be constructed 
in a safe and workmanlike manner un- 
der the supervision and to the satisfae- 



December 11, 



1846 



190f 



I 



tion of the Commisisioner of Public 
Works. 

Section 2. The permission and au- 
thority hereby granted shall cease and 
determine ten (10) years from and after 
the date of the passage of this ordinance, 
or at any time prior thereto in the dis- 
cretion of the Mayor. In case of the 
termination of the privileges herein 
granted by lapse of time, or by the ex- 
ercise of the Mayoi-'s discretion, as afore 
said, said grantee, his successors and as 
signs, shall restore said portion of the 
sidewalk at the place where said opening 
is located to a condition satisfactory 
to the Commissioner of Public Works 
without cost or expense of any kind 
whatsoever to said City of Chicago, so 
that the. portion of said sidewalk where 
said opening had been located shall be 
put i